MOHAMMAD SULEMAN v. THE STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
A482/10047/2025 · 2025-12-17
Brij Raj Singh
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 182572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182572 (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. - 10047 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the applicant, learned AGA for the State, and Sri Anurag Srivastava, Advocate, on behalf of opposite party no.2, which is taken on record. Perused the record. 2. The present application has been filed for the following main prayers:
"For the facts, reasons and circumstances stated in the accompanying Affidavit, this Hon'ble court may kindly be pleased to set-aside/quash the order dated 30.10.2025 passed by the leaned Judicial Magistrate-First (ATS), Lucknow in Criminal Case No.3573/2025 (Smt.Nida Asif & Another Versus Mohammad Suleman & Others) Under sections - 31 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Saadatganj, District- Lucknow (Annexure No. 1 to this petition). It is further prayed that this Hon'ble Court may kindly be pleased to stay the operation of the order dated 7.2.2025 (Annexure No.2) passed by the learned Judicial Magistrate, First Class, Lucknow in Complaint Case No.144/2011 (Smt.Nida Asif & Another Versus Mohammad Suleman & Others) during pendency of the Criminal Appeal No.70/2025 (Mohammad Suleman Versus State of U.P. & Another) under section 29 of the DV Act in the appellate court in the interest of justice."
3. In pursuance of order dated 4.12.2025 passed by this Court, the applicant and opposite party no.2 are present today. Opposite party no.2 has been Versus Counsel for Applicant(s) : Mohd. Nafees, Pawan Kumar Singh Counsel for Opposite Party(s) : G.A. Mohammad Suleman .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s)
produced by Ms. Priya, Sub Inspector, P.S. Thakurganj, Lucknow. On asking whether she is ready to for mediation, she has refused to go for mediation. 4. Learned counsel for the applicant submits that he does not want to press this application on merits. However, he submits that the bailable warrant has been issued against the applicant. He submits that the applicant will appear before the trial court and apply for bail within ten days from today, which may be directed to be decided. 5. It is, therefore, directed that in case the applicant appears before the Court below within ten days from today and prefers bail application, the trial court will decide the said bail application, in accordance with law. 6.
It is made clear that the parties will not seek any unnecessary adjournment. 7. The application stands disposed of. December 17, 2025 Sachin A482 No. 10047 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench