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2025 DAILYLAW 157988 (ALL)

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

A482/6690/2025 · 2025-08-18

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48060 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6690 of 2025 Applicant :- Shitala Singh And 4 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Mayank Pandey,Ravi Kant Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard learned counsel for the parties. The instant application has been preferred seeking following main relief(s):- "Wherefore, it is humbly prayed that the Hon'ble High Court may kindly be pleased to quash the impugned summoning dated 3.4.2024 passed by Civil Judge (J.D.) Fast Track Court First/Judicial Magistrate Ambedkar Nagar, as well as further proceedings of Complaint Case No- 505/2024, (Renu Singh Vs Ramesh Singh & Others), Under Section 12 of Domestic Violence Act, Police Station Haswar, District Ambedkar Nagar, Uttar Pradesh, pending before it contained in Annexure No.1 and 2 to the petition. It is also prayed that during the pendency of instant petition under 582 BNSS the operation and implementation of impugned summoning order dated 3.4.24 as well as further proceedings of Complaint Case No- 505/2024, (Renu Singh Vs Ramesh Singh & Others), Under Section- 12 of Domestic Violence Act, Police Station- Haswar, District- Ambedkar Nagar, Uttar Pradesh, pending in the Court of Civil Judge (J.D.) Fast Track Court First/Judicial Magistrate Ambedkar Nagar may kindly be stayed." At the very outset, learned AGA raised a preliminary objection regarding entertainability of this application. He stated that the applicant is having a remedy of filing an appeal before the court concerned challenging the order dated 03.04.2024. Considering the aforesaid, this Court is not inclined to entertain the present application. It is accordingly disposed of with liberty to the applicant to approach the court concerned by preferring an appeal, which shall be decided by the court concerned, most expeditiously, if the applicant prefers the aforesaid appeal within ten days from today. With the aforesaid, the present application is disposed of finally. Order Date :- 18.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench