Dismissed

Rohitash Kumar v. State of U.P. and Another

Allahabad HC10 Jul 2024A482/18425/2024

Case brief

AI extract

What is this about?

Applicant sought quashing of an interim maintenance order passed under Section 12 of the Domestic Violence Act via a Section 482 Cr.P.C. application. Citing a coordinate-bench judgment holding such applications against Section 12 proceedings not maintainable, counsel sought withdrawal; the application was dismissed as withdrawn with liberty to file afresh.

What the court decided

AI extract

Rohitash Kumar vs State of U.P. and Another — Domestic Violence | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145439

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HIGH COURT OF JUDICATURE AT ALLAHABAD

(Sl No.12)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 18425 of 2024

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Applicant :- Rohitash Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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1. Heard Sri Sachin Kumar Sharma, learned counsel for the applicant and Sri Sandeep Choudhary, learned A.G.A. for the State.

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2. The instant application under Section 482 Cr.P.C. has been filed praying for the following relief:

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Application and quash the impugned order of interim maintenance dated 01.11.2022 passed by Civil Judge. (J.D.) / Fast Track Court (Crime Against Women), Rampur in Misc. Case No. 21 of 2022 (Registration No. 1130/2021) (CNR No. UPRP0400 7920 2021), under Section 12 of Domestic Violence Act whereby the application of interim maintenance of O.P. No. 2 has been allowed by granting interim maintenance of Rs. 2000/- per month to the O.P. No. 2.

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It is further prayed that this Hon'ble Court may kindly be pleased to stay effect and operation of the impugned order of interim maintenance dated 01.11.2022 passed by Civil Judge. (J.D.)/ Fast Track Court (Crime Against Women), Rampur in Misc. Case No. 21 of 2022 (Registration No. 1130/2021) (CNR No. UPRP0400-7920-2021), under Section 12 of Domestic Violence Act whereby the application of interim maintenance of O.P. No. 2 has been allowed by granting interim maintenance of Rs. 2000/- per month to the O.P. No. 2. during the pendency of present Criminal Misc. Application under Section 482 Cr.P.C."

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3. At the outset, learned A.G.A. has raised a preliminary objection with regard to maintainability of the instant application in view of the judgment of the Coordinate Bench of Lucknow Bench of this Court passed in Application u/S 482 No. 6975 of 2013, Smt. Suman Mishra vs. The State Of U.P. And Others , dated 31.07.2024, wherein it has been held that the application under Section 482 Cr.P.C. challenging the proceedings under Section 12 of the Domestic Violence Act is not maintainable.

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4. In view thereof, learned counsel for the applicant seeks to withdraw the

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instant applicant with liberty to file a fresh application in accordance with law.

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5. In view thereof, the instant application is dismissed as withdrawn with liberty as prayed.

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6. Certified copy, if any, may be returned back to learned counsel for the applicant against the photocopies thereof, which shall be kept on record.

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Order Date :- 6.9.2024 Shubham Arya

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(Anish Kumar Gupta, J.)

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Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad

Rohitash Kumar v. State of U.P. and Another

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Rohitash Kumar v. State of U.P. and Another

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