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2024 Supreme(All) 1378

SAURABH LAVANIA
Shankh Saxena – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Anil Kumar Tiwari, Rahul Mishra, Rajat Bansal, Rushida Farheen
For the Respondent: G.A.

JUDGMENT :

Hon'ble Saurabh Lavania, J.

1. Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. and perused the record.

2. By means of this application, the applicant has sought the following main relief(s):-

    "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned order dated-31/08/2024, passed by the Learned Additional Principal Judge-07, Family Court, Lucknow, passed in Criminal Miscellaneous Case Number-973/2023 in Saumya Sinha vs. Shankh Kumar Saxena, U/s.125 Cr.P.C. annexed herewith as Annexure No.1 to this Application and may also dismiss the case so that the applicant may live peacefully under the protection of law."

3. Vide order, under challenge, dated 31.08.2024, the Additional Principal Judge-7, Family Court, Lucknow (hereinafter referred to as "trial court") entertained the application preferred by the opposite party No. 2/Somya Saxena under Section 125 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") registered as Case No. 973/2023 (Somya Sinha vs. Shankh Kumar Saxena).

4. Brief facts of the case in hand are to the effect that an application dated 04.01.2023, r

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