KAUSHALYA DEVI MAURYA v. ADDL. PRINCIPAL JUDGE FAMILY COURT ROOM NO. 8 LUCKNOW AND 3 OTHERS
A227/6392/2025 · 2025-10-31
Saurabh Lavania
body2025
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[ 2025 DAILYLAW 183819 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183819 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6392 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Ravindra Kumar Singh, Advocate holding brief of Sri Anurag Maurya, learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. This petition under Article 227 of the Constitution of India has been filed seeking following main relief(s) :-
"(i. To set aside the order dated 11-06-2025 related with the Case filed under section 144 B.N.S.S. bearing Case No.1634 of 2024 (Renu Maurya Vs Trivendra Kumar Maurya) decided on 03-07-2025 as an ex-parte by the court of Additional Principal Judge, Family Court, Room No.8, District-Lucknow, as contained in Annexure No.3 in the interest of justice.
ii. Direct the Concerned Court i.e. Opposite Party No.1 not to issue any notice on the address of the Petitioner as mentioned above because the Petitioner is being harassed and tortured by the Police of the concerned Police Station who approach to house of the Petitioner to serve the said notice issued by the concerned Court i.e. the court of Additional Principal Judge, Family Court, Room No.8, District-Lucknow related with the Case filed under section 144 B.N.S.S. bearing Case No.1634 of 2024 (Renu Maurya Vs Trivendra Kumar Maurya), in the interest of justice."
3. Learned A.G.A., at the very outset, raised a preliminary objection regarding maintainability of this petition stating that the petitioner has a statutory remedy under Section 528 of the B.N.S.S., 2023.
4. On being confronted after taking note of the aforesaid, learned counsel for the petitioner states that he may be permitted to withdraw the instant petition with liberty to the petitioner to avail the remedy as available under the law.
5. Accordingly, the instant petition is dismissed as withdrawn with liberty, as prayed for.
6. Office is directed to return certified copy of the papers/documents, if any, annexed with this petition to the learned counsel for the petitioner as per rules in this regard. October 31, 2025 Arun/- Versus Counsel for Petitioner(s) : Anurag Maurya, Muzammil Asad Counsel for Respondent(s) :
(Saurabh Lavania,J.) Kaushalya Devi Maurya .....Petitioner(s) Addl. Principal Judge Family Court Room No. 8 Lucknow And 3 Others .....Respondent(s) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench