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2025 DAILYLAW 132997 (ALL)

SHIV POOJAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHERS

A482/3065/2025 · 2025-04-28

Manish Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24030 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3065 of 2025 Applicant :- Shiv Poojan Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Anothers Counsel for Applicant :- Pooja Kumari,Neha Chaurasia Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicant with the following prayer:- "For the facts, reasons and circumstances mentioned in the accompanying affidavit it is most respectfully prayed that this Hon'ble court may graciously be pleased to quash the recovery warrant dated 07.03.2025 passed by Principal Judge Family Court, Ayodhya in Misc. Case No. 192 of 2019 "Saroj Singh Vs. Shiv Poojan Singh" in application under section 125 (3) Cr. P.C. as well as ex-parte order dated 05.08.2019 passed by Principal Judge Family Court, Faizabad in case no. 169 of 2007, "Smt. Saroj Singh & another Vs. Shiv Poojan Singh" in application under section 125 Cr. P.C. It is further prayed that this Hon'ble court may kindly be pleased to stay the operation and implementation of the recovery warrant dated 07.03.2025 passed by Principal Judge, Family Court, Ayodhya in Misc. Case No. 192 of 2019 "Saroj Singh Vs. Shiv Poojan Singh" in application under section 125 (3) Cr. P.C. as well as ex-parte order dated 05.08.2019 passed by Principal Judge Family Court, Faizabad in case no. 169 of 2007, "Smt. Saroj Singh & another Vs. Shiv Poojan Singh" in application under section 125 Cr.P.C. during the pendency of instant application, in the interest of justice."" Sri Rao Narendra Singh, learned AGA has raised a preliminary objection regarding the maintainability of the present application on the ground that the applicant has a statutory remedy to file a revision under Section 19 sub clause 4 of the Family Courts Act, 1984. In support of his submission, he has relied upon the judgment/order dated 20.11.2023 passed by this Court in the case of Smt. Anjana Mukhopadhyay vs. State of U.P. and Anr. in Criminal Appeal No. 4878 of 2022 and judgment and order dated 03.12.2020 passed by Division Bench of this Court in the case of Liaqat Hussain vs. Jainab Praveen in First Appeal Defective No. 300 of 2020. At this stage, 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 a revision. In view of above, the present application is dismissed as not pressed. The applicant is at liberty to avail the remedy as may be permissible under the law. Office is directed to return the certified copy of the relevant documents after retaining photostat copy of the same. Order Date :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench