Disposed

Mohd Sareef @ Sanu v. State of U.P. and 2 Others

Allahabad HC30 Jan 2023A482/1833/2023

Case brief

AI extract

What is this about?

In a Section 482 application, the High Court addressed the maintainability of a delayed appeal under Section 29 of the Domestic Violence Act. The Court directed the Sessions Judge to entertain such an appeal and ignore the limitation period. The 482 application was disposed of with this observation.

What did the court decide?

Direction to Sessions Judge to ignore limitation period and entertain appeal if filed under Section 29 of Domestic Violence Act.

Mohd Sareef @ Sanu Vs State of U.P. and 2 Others — Domestic Violence | Allahabad HC (2023)

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Court No. - 67

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Case :- APPLICATION U/S 482 No. - 1833 of 2023

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Applicant :- Mohd Sareef @ Sanu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ansar Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard Ms. Sandhya Chaturvedi, holding brief of Mr. Ansar Ahmad, learned counsel for the applicant and learned A.G.A. Perused the record.

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This is an application u/s 482 Cr.P.C. invoking the plenary powers of this Court challenging the order dated 17.6.2022 passed by learned Chief Judicial Magistrate, Atrauli, Aligarh in Case No.156 of 2021, u/s 12, 18, 19, 20, 22, 23 of Domestic Violence Act, Police Station-Atrauli, District Aligarh as well as order dated 18.7.2022 in Case No.35 of 2022, u/s 31(1) of Domestic Violence Act, pending in the court of learned Chief Judicial Magistrate, Atrauli, Aligarh whereby recovery warrant has been issued against the applicant.

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I have perused the entire record including the impugned orders. There is alternative remedy provided u/s 29 of Domestic Violence Act, whereby the appeal shall lie in the court of Session within 30 days from the date on which the order made by the Magistrate is served upon the aggrieved person.

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The Court is of the considered opinion that an appeal is maintainable against the order impugned and in this regard learned counsel for the applicant has mentioned that since the order has been passed way back on 17.6.2022, therefore, the appeal against that order would be barred by time.

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Under the circumstances, it is hereby directed that if such an appeal is filed u/s 29 of Domestic Violence Act on behalf of applicant, the learned Sessions Judge shall ignore the period of limitation and without adhering to the technicalities with regard to limitation shall entertain the appeal and pass a suitable order on merits of the case strictly in accordance with law.

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With this observation, the present 482 application stands disposed of.

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Order Date :- 30.1.2023 M. Kumar

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Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad

Mohd Sareef @ Sanu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Mohd Sareef @ Sanu v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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