The High Court dismissed a withdrawal of an application under Section 482 Cr.P.C. seeking quashing of an order under the Protection of Women from Domestic Violence Act, 2005.
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. - 47
Case :- APPLICATION U/S 482 No. - 15427 of 2022
Applicant :- Ramkumar Mishra And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashvani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Ashvani Tripathi, learned counsel for the applicants and Sri S.N. Mishra, learned AGA for the State-respondent and perused the record of the case.
By way of filing present application, applicants made a prayer to quash the order dated 8.4.2022 passed by learned Additional Civil Judge (Junior Division)/FTC/WP/JM, P.S. Sungarhi, District-Pilibhit under Section 23 of Protect of Women from Domestic Violence Act, in complaint case no. 3356 of 2017, pending in the Court of Additional Civil Judge,(Junior Division)/FTC/WP/JM, P.S. Sungarhi, District-Pilibhit.
At the very outset, learned counsel for the applicants submitted that as the impugned order dated 8.4.2022 passed by learned Additional Civil Judge (Junior Division)/FTC/WP/JM, is appealable by virtue of Section 29 of the Protection of Women from Domestic Violence Act, 2005, therefore, the present application u/s 482 Cr.P.C. may be dismissed with liberty to file an appeal before the appropriate court.
As prayed by learned counsel for the applicants, the present application u/s 482 Cr.P.C. stands dismissed as withdrawn with liberty as prayed.
Order Date :- 22.6.2022 Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.06.24 18:32:44 IST Reason: Location: High Court of Judicature at Allahabad
Ramkumar Mishra
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
