SURAJ SAINI v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
A482/7170/2025 · 2025-08-29
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160192 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160192 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7170 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant application has been filed seeking following main relief (s) :-
"i. To set aside the order dated 30.01.2024 passed by the Judicial Magistrate-III Lucknow in Complaint Case No. 882 of 2019
"Smt. Mahima Saini Versus Suraj Saini and others" under section-12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred in short "D.V. Act"), Police Station-Madiyaon, District-Lucknow, whereby the court below partially allowed the application under section-23 of D.V. Act and directed the petitioner to pay Rs 4,000/- per month to opposite party no.2 and Rs 2,500/- to opposite party no.3 alongwith entire proceeding of Complaint Case No. 882 of 2019
"Smt. Mahima Saini Versus Suraj Saini and others" under section-12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred in short "D.V. Act"), Police Station-Madiyaon, District-Lucknow contained as Annexure No. 1 to this petition. ii. To stay the further proceedings of Complaint Case No. 882 of 2019 "Smt. Mahima Saini Versus Suraj Saini and others" under section-12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred in short "D.V. Act"), Police Versus Counsel for Applicant(s) : Dileep Kumar Yadav, Mahesh Singh Yadav Counsel for Opposite Party(s) : G.A. Suraj Saini .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And 4 Others .....Opposite Party(s)
Station-Madiyaon, District-Lucknow." On being confronted, learned counsel for the applicant states that he may be permitted to withdraw the present petition with liberty to the applicant to pursue the pending appeal filed by the applicant in terms of Section 29 of the Protection of Women From Domestic Violence Act, 2005 (in short "Act of 2005"), copy of which is annexed as Annexure No.3 and which was filed along with application seeking condonation of delay which has also not been decided till date. Taking note of the aforesaid statement, present petition is dismissed as withdrawn with the liberty as prayed for. August 29, 2025 ML/- A482 No. 7170 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench