Application under Section 482 Cr.P.C. set aside as not maintainable against orders passed under the Domestic Violence Act; applicant did not appear.
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Court No. - 76
Case :- APPLICATION U/S 482 No. - 124 of 2020
Applicant :- Abhay Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Sharma,Ardhendu Shekhar Sharma Counsel for Opposite Party :- G.A.,Virendra Singh Parmar
Hon'ble Mrs. Manju Rani Chauhan,J.
Case called out in revise. No one appears on behalf of applicant to press this application. However, Sri Virendra Singh Parmar, learned counsel for opposite party no.2 and Sri Amit Singh Chauhan, learned A.G.A. are present. Perused the record.
This application under Section 482 Cr.P.C. has been filed for setting aside the impugned judgment and order dated 25.10.2019 passed by Additional Sessions Judge, Court No.1, Hamirpur in Criminal Appeal No.24 of 2016 (Abhay Sonkar & 5 others Vs. Sweta Sonkar & another), under Section 29 of Protection of Woman from Domestic Violence Act, 2005 and also impugned judgment and order dated 29.09.2016 passed by Additional Chief Judicial Magistrate, Hamirpur in Misc. Case No.52/11/2016 whereby the applicant was directed to pay a sum of Rs.10,000/- per month to opposite party no.2.
Learned counsel for opposite party no.2 as well as learned A.G.A. state that this application is not maintainable against the orders passed in Domestic Violence Act. The applicant has availed the remedy of appeal after which a revision is maintainable.
In view of the aforesaid, this application is rejected.
Order Date :- 27.1.2020 Anand Sri./-
Abhay Sonkar
State of U.P.
Another
Manju Rani Chauhan
As recorded by the court registry
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