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2025 DAILYLAW 130460 (ALL)

GULE MUNAVVAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 2 OTHERS

A482/2654/2025 · 2025-04-08

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19649 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2654 of 2025 Applicant :- Gule Munavvar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others Counsel for Applicant :- Ashish Kumar Rastogi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. The present application under Section 482 Cr.P.C/528 B.N.S.S has been preferred with a prayer to set aside the impugned judgment and order dated 27.09.2024, Smt. Noor Apsabano @ Afsana & another versus Gule Munavvar, in Crl. Misc. Case No. 1315/2019, passed under Section 125 Cr.P.C by the Additional Principal Judge, Family Court, Court no. 2, Sitapur. 2. Learned A.G.A has raised a preliminary objection regarding the maintainability of the present application as the applicant has a statutory remedy to file an appeal under Section 19 of the Family Courts Act, 1984. 3. After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present application as dismissed as not pressed with liberty to file an appeal under Section 19 of the Family Courts Act, 1984. 4. As such, the present application is dismissed as not pressed with liberty to avail the remedy as may be permissible under the law. 5. Office is directed to provide certified copy of the documents to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 8.4.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench