ALOK KUMAR v. STATE OF U.P. THRU. PRINCIPAL SECRETARY DEPTT. OF HOME LKO AND 3 OTHERS
A482/3776/2025 · 2025-05-07
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 138218 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 138218 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:26752 Court No. - 14 Case :- APPLICATION U/S 482 No. - 3776 of 2025 Applicant :- Alok Kumar Opposite Party :- State Of U.P. Thru. Principal Secretary Deptt. Of Home Lko And 3 Others Counsel for Applicant :- Dinesh Kumar Ayra 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 the following main prayer:-
" It is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned order dated 23.09.2024 passed by the Addl. Principal Judge -II, Family Court, District Barabanki against the applicant namely Alok Kumar Rastogi (Soni) as well as the recovery warrant dated 02.12.2022 passed by the Principal Judge, Family Court, District Barabanki u/s 125(3) Cr.P.C. in criminal Misc. case No. 717/2022 (Upasana Soni Versus Alok Kumar Soni), which is wholly illegal, arbitrary, unjust and manifestly erroneous."
2. At the very outset, learned A.G.A has raised a preliminary objection regarding maintainability of the present application as the applicant has an alternative statutory remedy to file a revision under Section 19(4) of the Family Court, 1984.
3. At this stage, learned counsel for the applicant has submitted that the present application may be dismissed as not pressed with liberty to file a criminal revision under Section 19(4) of the Family Court, 1984.
4. As such, the present application is dismissed as not pressed with liberty to the applicant to avail the remedy, as may be permissible under the law. Order Date :- 7.5.2025 DiVYa Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench