Disposed

Km Jyoti Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Allahabad HC19 May 2025A482/3831/2025

Case brief

AI extract

What is this about?

Single judge ordered notice to the state considering precedents on domestic violence and victim status. Proceedings are stayed until notice is returned, with a warning that failure to act may result in withdrawal of interim protection. Listed for further hearing.

What did the court decide?

Proceedings stayed against applicants pending notice return and further orders.

Km Jyoti Rawat and 2 Others vs State of U.P. Thru. Prin… — Domestic Violence | Allahabad HC (2025)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 3831 of 2025

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Applicant :- Km Jyoti Rawat And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Salman Abbas,Shaher Bano,Shahnaz Bano,Shambhavi Puri,Syd Shaheen Fatma Counsel for Opposite Party :- G.A.

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Hon'ble Manish Kumar,J.

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Heard learned counsel for the applicant, learned AGA for the State of U.P. and perused the record.

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The present application has been filed by the applicant for the following main relief(s):-

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" It is, therefore, most respectfully prayed that this Hon ble Court may graciously be pleased to stay the entire criminal proceeding/chargesheet arising out of Crime No.982 of 2021, Under Sections 498-A,323,504,506 IPC & 3/4 DP Act Police Station Gomtinagar, District Lucknow and set aside summoning order dated 03/04/2023 passed by Ld. CJM Lucknow in Crime No.982 of 2021, Under Sections 498-A, 323,504,506 IPC & 3/4 DP Act Police Station Gomtinagar, District Lucknow, District Lucknow, and or to pass such other and further order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case which is contained in as Annexure No-1. "

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Taking note of the allegations leveled in the FIR against the applicants, who is sister-in-law (nanad), mother-in-law and brother-in-law of the informant/opposite party No. 2 and also the law laid down by the Hon'ble Apex Court in the case of Geeta Mehrotra and others vs. State of U.P. and others, (2012) 10 SCC 741; Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599; Achin Gupta vs. State of Haryana and another, 2024 SCC OnLine SC 759; Payal Sharma Vs. State of Punjab and another, 2024 SCC OnLine SC 3473; Safiya Bano Alias Shakira and others Vs. State of U.P. and others, 2024 SCC OnLine SC 222 and Mamidi Anil Kumar Reddy Vs. State of Andhra Pradesh and another, 2024 SCC OnLine SC 127, this Court is of the view that the matter requires consideration.

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Accordingly, issue notice to the opposite party No. 2. Steps in this regard be taken within seven working days.

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Connect and list this case in the second week of July, 2025 alongwith Application U/s 2086 of 2025.

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Till the next date of listing, the proceedings, in issue, shall remain stayed qua the applicants.

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In case, the steps are not taken within the time specified for this purpose, then the benefit of interim protection would not be available to the applicants.

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Office is directed to submit service report by the next date of listing.

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Order Date :- 19.5.2025 Ashish

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Km Jyoti Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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Km Jyoti Rawat and 2 Others v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and Another

Case brief

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