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2025 DAILYLAW 155733 (ALL)

SATYAPAL SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

/6342/2025 · 2025-08-05

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45303 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6342 of 2025 Applicant :- Satyapal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Ram Prakash Verma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed for the following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble court may kindly be pleased to quash the impugned Judgment and order dated 10.06.2025 passed by Additional District and sessions judge/special judge/P.C.Act-1, Lucknow in criminal appeal No.05/2025, Satya Pal Singh Vs. State of U.P. & and others and impugned order dated 22.11.2022 passed by the Additional chief judicial Magistrate court no.4, room No-28, Lucknow in complaint case No.912/2019, under section 12 D.V. Act, P.S.- Mall, Lucknow, as contained in Annexure No. 1 & 2 to this petition in the interest of justice." 3. For the purposes of coming to the conclusion with regard to the prayer sought, quoted above, the relevant facts are stated as under :- (i) The opposite party No.2 - Smt. Rinku Singh W/o late Anil Kumar Singh, who is the son of applicant namely Satyapal Singh, preferred an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short "Act of 2005") and the same was registered as Complaint Case No.912/2019 (Smt. Rinku Singh Vs. Satyapal Singh and others). (ii) In the above indicated complaint case, the present applicant put in appearance before the Additional Chief Judicial Magistrate-4, Court No.28, Lucknow. (iii) It would be apt to indicate that present applicant chooses not to file any objection against the application preferred by the opposite party No.2 in terms of Section 12 of the Act of 2005. (iv) Taking note of the unrefuted facts as also the submissions advanced by learned counsel for the opposite party No.2 (present applicant Satyapal Singh) the Magistrate passed the order dated 22.11.2022, by which the Magistrate directed the applicant (present opposite party No.2) to pay Rs.3,000/- per month to the opposite party No.2. (v) Being aggrieved, the applicant filed the appeal which was registered as Criminal Appeal No.05 of 2025 (Satyapal Singh Vs. State of U.P. and others). (vi) The Additional District and Session Judge/Special Judge, P.C. Act, Court No.1, Lucknow (in short "appellate court") affirmed the order dated 22.11.2022 and dismissed the appeal vide order dated 10.06.2025. (vii) It would be apt to indicate that the appellate court while passing the order dated 10.06.2025 took note of the fact that the opportunity was given to the present applicant by the Magistrate to file an objection, however, he chooses not to file the same. 4. Considering the aforesaid aspect of the case as also that the finding which are to the effect that the opportunity was given to the present applicant by the Magistrate with regard to filing of the objection, however, he chooses not to file the objection, has not been impeached in the present application, this court finds that no interference is required in the matter. 5. Accordingly, the petition under Section 482 Cr.P.C. is dismissed. No order as to costs. Order Date :- 5.8.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench