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Neutral Citation No. - 2025:AHC:135442-DB Court No. - 21 Case :- WRIT - C No. - 26864 of 2025 Petitioner :- Smt Kanchan Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Yadav,Mahesh Kumar Yadav,Pradeep Kumar Counsel for Respondent :- Ashish Agrawal,C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J.
1. The case of the petitioner is that respondent No.4, her husband, has a locker in Union Bank of India, Branch Tehkma, Azamgarh, in which the petitioner had kept her streedhan and other ornaments. Subsequently, the petitioner and her husband were at loggerheads and consequently, petitioner filed Case No.1582 of 2025 before the Judicial Magistrate, Court No.24, Azamgarh under the provisions of the Protection of Women from Domestic Violence Act, 2005. The learned Magistrate has issued notice to respondent No.4. The petitioner apprehends that respondent No.4 will operate the locker and take out the valuables of the petitioner kept therein.
2. Sri Shrey Singh, learned counsel for the respondent No.3, Union Bank of India submits that the bank is bound by the agreement with respondent No.4 and since the locker in his sole name, unless any order is obtained by the petitioner from the concerned Magistrate, it would not be possible for the bank to put on hold the operation of the locker.
3. Under Section 18(e) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate has been invested with power to pass an order in favour of aggrieved person and prohibit the respondent from operating bank locker, apart from several other powers.
4. Having regard to the said provision, we leave it open to the petitioner to move appropriate application in the pending proceedings before the learned Magistrate, so that the same may be decided.
5. We further provide that in case any such application is filed by the petitioner along with true attested copy of the instant order, the learned Magistrate shall decide the application expeditiously.
6. Accordingly, the writ petition is disposed of. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 11.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad