The High Court dismissed the application under section 482 Cr.PC seeking to quash a lower appellate order in a domestic violence matter, finding the lower court applied its mind correctly and no grounds for interference existed.
Application under section 482 Cr.P.C. dismissed as it lacks merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 55
Case :- APPLICATION U/S 482 No. - 38386 of 2018
Applicant :- Smt. Kaushilya Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ram Prasad Kanaujiya Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application under section 482 Cr.PC. has been filed with a prayer to quash the order dated 19.2.2018, passed by the learned Sessions Judge, Ramabai Nagar, Kanpur Dehat, in Criminal Appeal No. 43 of 2017, Anshu Nut v. Smt. Kaushilya, arising out of Case No. 1063 if 2015(Smt. Kaushilya v. Anshu Nut) under sction 12 of the Protection of Women from Domestic Violence Act, 2005, pending in the court of Judicial Magistrate, Ghatampur, district Kanpur Dehat.
It is contended by learned counsel for the applicant that lower appellate court has passed the impugned order without application of its mind in a very routine/mechanical manner without going into the facts of the case.
Learned AGA has submitted that the lower appellate court has rightly passed the impugned order after considering the merits of the case.
After hearing the learned counsel for the revisionist, learned AGA and after perusing the order impugned as well as material on record, this Court is of the opinion that learned counsel for the revisionist could not point out any good ground which may warrant interference by this Court for quashing the order impugned in exercise of powers conferred under section 482 Cr.P.C.
Present application lacks merit and it is accordingly dismissed.
Order Date :- 22.11.2018 ssm
2 issues framed by the court
Whether the order of the lower appellate court warrants interference in CRPC 482.
Whether the application under section 482 Cr.PC lacks merit and is mechanistic.
2 provisions across 2 enactments
Smt. Kaushilya
Anshu Nut
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
