Allahabad High Court
PHOOL CHANDRA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The petition is dismissed as withdrawn, and no further relief is granted.
Summary
Phool Chandra Yadav filed a petition under Article 227 of the Constitution seeking to set aside a judgment of the Sessions Judge dated 11 February 2026 in a criminal appeal under section 29 of the Protection of Women from Domestic Violence Act, 2005, and an order of the Gram Nyayalaya dated 9 July 2025. He also requested a restraining direction against the Gram Nyayalaya from executing its order and from taking coercive measures. The petitioner’s counsel later informed the Court that the petition would be withdrawn and that he would pursue any other remedy available under law. The High Court considered whether it should entertain the petition and whether the orders could be set aside. Since the petition was voluntarily withdrawn, the Court dismissed it without addressing the merits. The dismissal was recorded on 19 March 2026 by Justice Samit Gopal.
Issues considered
- Whether the High Court should entertain the petition under Article 227 to set aside the orders of the Sessions Court and Gram Nyayalaya
- Whether the petition can be dismissed as withdrawn
Legislation cited
Subjects
- Article 227
- petition withdrawn
- Protection of Women from Domestic Violence Act
- criminal appeal
- restraining order
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 3125 of 2026
Phool Chandra Yadav
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Nikhil Kumar Yadav, Vagish Yadav
Counsel for Respondent(s) : Anil Kumar Mishra, G.A.
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Vagish Yadav, learned counsel for the petitioner, Sri Anil Kumar
Mishra, learned counsel for the opposite party no.2 and Sri Bade Lal Bind,
learned counsel for the State and perused the material on record.
3. The present petition under Article 227 of the Constitution of India has been
filed by the petitioner- Phool Chandra Yadav, with the prayer to issue, an order
or direction setting aside the impugned judgment and order dated 11.02.2026
passed by Court of Sessions Judge, Jaunpur in Criminal Appeal No. 81 of
2025 (under section 29 of the Protection of Women from Domestic Violence
Act, 2005) (Phool Chandra Yadav Vs. State of U.P. and another) and order
dated 09.07.2025 passed by the learned Court of Judicial Officer, Gram
Nyayalaya, Shahganj, Jaunpur in Case No. 01 of 2023 (Neelam Vs.
Phoolchand) with a further prayer to issue, an order or direction to the Gram
Nayayalya, Shahganj, Jaunpur restraining it from executing the order dated
09.07.2025 passed by the learned Court of Judicial Officer, Gram Nyayalaya,
Shahganj, Jaunpur in Case No. 01 of 2023 (Neelam Vs. Phoolchand) and
further restraining it from adopting any coercive measures against the
petitioner. And / or issue any other order or direction which this Hon'ble Court
may deem fit and proper under the facts and circumstances of the case.
4. Learned counsel for the petitioner submits that the present petition be
dismissed as withdrawn as he shall seek the appropriate remedy available to
him under law.
5. As prayed, the present petition is dismissed as withdrawn.
March 19, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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