Dismissed

Udai Bhan v. State of U.P. Thru. Secy. Home and Another

Allahabad HC11 Mar 2022/616/2022

Case brief

AI extract

What is this about?

This court dismissed an application under Section 482 CrPC seeking quashing of proceedings and consequent orders under the Domestic Violence Act, 2005, holding the petition not maintainable due to the availability of the statutory remedy of appeal under Section 29 of the Act.

What did the court decide?

petition dismissed as not maintainable; the prayer to stay orders dated 13.10.2021 and 14.12.2021 was rejected.

Udai Bhan Vs State of U.P. Thru. Secy. Home and… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 616 of 2022

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Applicant :- Udai Bhan Opposite Party :- State Of U.P. Thru. Secy. Home And Another Counsel for Applicant :- Atiya Abid,Safiya Abid Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner, and learned A.G.A. for the State as well as perused the record.

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Shri Pankaj Kumar Shukla, Advocate has filed Vakalatnama on behalf of respondent no.2, which is taken on record.

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The petition has been filed for quashing of the proceedings in Case No.76 of 2017, Vineeta Sonkar vs. Udai Bhan and others as well as all the consequential orders passed by the learned Additional Chief Judicial Magistrate, Kunda, Pratapgarh. It has also been prayed that the order dated 13.10.2021 and 14.12.2021 passed by learned Additional Chief Judicial Magistrate Kunda Pratapgarh be stayed.

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Learned A.G.A. as well as learned counsel for respondent no.2 has raised objection by saying that the petition is defective. The quashing of the orders dated 14.12.2021 and 13.10.2021 passed by the court concerned has not been sought in the main relief and therefore, the petition is not maintainable. Even otherwise against the order dated 13.10.2021 and 14.12.2021 which have been passed under section 12 of the Domestic Violence Act 2005 there is remedy of appeal under Section 29 of the Domestic Violence Act, 2005. It is always open for the aggrieved party to approach the Magistrate by moving application under changed circumstances requiring alteration, modification or revocation of any order made under the Domestic Violence Act, 2005.

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In view of the availability of alternative remedy under Section

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29 of the Domestic Violence Act, 2005, the petition is dismissed as not maintainable.

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Order Date :- 11.3.2022 Madhu

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Digitally signed by MADHU KUMARI Date: 2022.03.16 11:50:59 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Udai Bhan v. State of U.P. Thru. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

Udai Bhan v. State of U.P. Thru. Secy. Home and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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