Application under Section 482 CrPC filed to decide pending Domestic Violence case was withdrawn by applicant citing inherent mistakes. Court allowed withdrawal with liberty to file fresh application.
Application dismissed with liberty to file fresh application.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 4638 of 2022
Applicant :- Smt. Pooja Rani Saraswat Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Ram Rang Patel Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.R. Patel, the learned counsel for applicant and the learned A.G.A. for State.
Perused the record.
This application under Section 482 Cr. P. C. has been filed by applicant Smt. Pooja Rani Saraswat for a direction to C.J.M., Hathras to decide Case No. 353/12 of 201 (Smt. Pooja Rani Saraswat Vs. Pranav Ojha and others) under Sections 12, 18, 19, 20, 21, 22, 23 of Protection of Women From Domestic Violence Act, 2005 P.S. Hathras Gate, District Hathras, now pending in the court of Chief Judicial Magistrate, Hathras within a time bound period fixed by this Court.
At the very outset, learned counsel for applicant contends that he be permitted to withdraw the present application with liberty to file fresh as there are inherent mistakes in the present application, which cannot be cured by filing a supplementary affidavit or an amendment application.
In view of above, this application is dismissed with liberty aforesaid.
Certified copies appended along with this application be returned to learned counsel for applicant after obtaining a photo copies of the same to be kept on record.
Order Date :- 13.7.2022 HSM
Digitally signed by HARI SHANKER MISHRA Date: 2022.07.13 18:50:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether to allow withdrawal of inherent mistakes application with liberty to file fresh one.
Whether pending DV case should be decided within time bound period fixed by this Court.
2 provisions across 2 enactments
Smt. Pooja Rani Saraswat
State Of U.P.
HARI SHANKER MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
