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Allahabad High Court

PHOOL CHANDRA YADAVversusSTATE OF U.P. AND ANOTHER

Decided

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The petition is dismissed as withdrawn, and no further relief is granted.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 The petitioner’s counsel later informed the Court that the petition would be withdrawn and that he would pursue any other remedy available under law.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 Since the petition was voluntarily withdrawn, the Court dismissed it without addressing the merits.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  • Whether the petition can be dismissed as withdrawn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  • petition withdrawn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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