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2025 DAILYLAW 8593 (ALL)

SHREYA SAXENA MINOR AND ANOTHER v. STATE OF UTTAR PRADESH AND ANOTHER

A227/755/2025 · 2025-04-06

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49936 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 755 of 2025 Petitioner :- Shreya Saxena Minor And Another Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Raj Kumar Singh,Rajat Aren Counsel for Respondent :- Atul Kumar Kushwaha, Ram Shiromani Yadav,G.A. Hon'ble Vinod Diwakar,J. 1. In compliance of the order dated 14.02.2025, Jyoti Saxena- respondent no.2, Shreya Saxena (Minor) and Aarav Saxena (Minor) through their natural Guardian Shri Prashant Saxena (Father) are present in Court, who have been identified by their counsel. 2. Heard counsel for the petitioners, learned AGA for the State- respondents, as well as learned counsel for the respondent no.2 and perused the record. 3. The instant writ petition has been filed to set aside the order dated 19.12.2024 passed by Principal Judge, Family Court, Meerut in Criminal Case No. 1080 of 2024 (Shreya Saxena & another Vs. Jyoti Saxena), Police Station Medical, under Section 144 of the B.N.S.S., 2023, wherein the learned Family Court directed the petitioners to serve notice on the respondent no.2-Jyoti Saxena through publication in two widely circulated newspapers at Dehradun and Lucknow. 4. Learned counsel for the petitioners states that the instant writ petition has been filed through their natural guardian (Father) and submits that it is too expensive to publish the notice through publication, as there is an endorsement of the process server, reporting that the notice had already been served through postal receipt. The respondent no.2-Jyoti Saxena had refused to receive the registered post AD, therefore, the notice shall be deemed to be served on her. 5. As the respondent no.2-Jyoti Saxena is herself present in Court through her counsel, therefore, notice issued in Criminal Case No. 1080 of 2024 (Shreya Saxena & another Vs. Jyoti Saxena) shall be deemed served and it is directed that respondent no.2-Jyoti Saxena shall appear before the Principal Judge, Family Court, Meerut, on 29.04.2025. 6. With the aforesaid observations/directions, the writ petition is disposed of. Order Date :- 7.4.2025 Prajapati Justice Vinod Diwakar Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad