Research › Search › Judgment

Allahabad High Court · body

2024 DIGILAW 1454 (ALL)

Animesh Mishra v. State Of U. P. Thru. Prin. Secy. Home

2024-05-29

SHAMIM AHMED

body2024
JUDGMENT : (Shamim Ahmed, J.) : 1. Case is taken up in the revised list. 2. None is preset for the applicants to press this case. 3. Earlier also, when the matter was taken up on 25.04.2024, learned counsel for the applicant was not present and was reported to be ill. This court had passed the following order on the said date: "Sri Anurag Singh, learned counsel for the applicant is reported to be ill. Sri Ashok Kumar Singh, learned A.G.A.-I for the State is present. Put up this case on 21.05.2024 in the list of fresh cases before appropriate Bench." 4. Thereafter, when this case was listed on 21.05.2024, then also, the counsel for the applicant sent illness-slip. The court passed the following order: "The case is adjourned on the illness slip of Shri Anurag Singh, learned counsel for the applicant. List this case again on 29.05.2024 in the list of fresh cases." 5. Today also, when the matter is taken up in revised call, no one is present for the applicants to press this application nor there is any illness or adjournment-slip on his behalf. 6. This case has been filed by the applicants with the prayer to for quashing of the order dated 07.02.2024 passed by court of session judge Lakhimpur in Appeal No. 52 of 2023 under section 29 of the domestic violence Act and as well as the order 18.9.23 passed by court of civil judge (J.D.)/F.T.C. (Offence against women), Lakhimpur Khiri, in case No. 2342 of 2020 under section 12 of the domestic violence Act, police station Kotwali Sadar Lakhimpur. 7. I have gone through the impugned orders dated 18.09.2023 and 07.02.2004. I do not find any illegality or infirmity therein. The orders have been rightly passed, considering the entire evidence on record. The present application has been filed only with the intention to delay the compliance of the order passed by the trial court and not to pay the maintenance amount to the wife and children, thus, no interference is required by this Court. Moreover, it appears that the learned counsel for the applicant has no interest in pursuing this application. Accordingly, considering the law of equity, this court is not inclined to entertain the present application. The application lacks merits and is accordingly dismissed. 8. Let the file be consigned to records.