This criminal revision by the accused against an order issuing a notice in a domestic violence case was dismissed. The court held that no illegality was found in the impugned order and the revision lacked merit.
The criminal revision No. 4097 of 2011 is dismissed.
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Court No. - 41
Case :- CRIMINAL REVISION No. - 4097 of 2011
Revisionist :- Smt. Chandrawati And Others Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Dharmendra Singhal Counsel for Opposite Party :- Govt. Advocate,Ray Sahab Yadav
Hon'ble Bachchoo Lal,J.
List revised. None is present for the revisionists as well as O.P. No. 2. Learned A.G.A. is present.
Heard learned A.G.A. for the State and perused the record.
The present revision has been preferred against the order dated 27.7.2011 passed by learned Judicial Magistrate Court No. 10, Jhansi in complaint case no. 2308 of 2011 Smt. Sunita Vs. Yogendra and others, under sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, P.S. Kotwali, District Jhansi by which notice has been issued to revisionists.
On previous date learned counsel for the O.P. No. 2 pointed out that the matter has been settled in between the parties and the revision has become infructuous. At this learned counsel for the revisionists prayed for and was granted one week's time to seek instruction in the matter. Today none is present for the revisionists as well as O.P. No. 2.
A perusal of the record shows that O.P. No. 2 filed a complaint against the revisionists under sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. In that case vide impugned order dated 27.7.2011 notice has been issued to the revisionists. Vide impugned order simply notice has been issued against the revisionists. The revisionists may file their objection before the court below taking all the plea which have been taken in this revision. Now only notice has been issued against the revisionists.
I do not find any illegality in the impugned order, therefore, the revision lacks merit and is liable to be dismissed.
Accordingly, the revision is dismissed.
Order Date :- 21.10.2019 Masarrat
2 issues framed by the court
Whether the impugned order under the Protection of Women from Domestic Violence Act, 2005 merits revision.
Whether the issuance of notice to the revisionists targets an illegal or arbitrary direction.
1 provisions across 1 enactments
Smt. Chandrawati And Others
State Of U.P. And Anr.
Bachchoo Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
