Dismissed

Bhuneshwar Prasad Tiwari and 3 Others v. State of U.P. and 2 Others

Allahabad HC20 Aug 2024A482/22696/2024

Case brief

AI extract

What is this about?

The applicant sought to quash proceedings under Section 12 of the Protection of Women from Domestic Violence Act. The State relied on a coordinate bench judgment rendering such applications non-maintainable. The applicant withdrew the application with liberty to file a fresh one. The application was dismissed as withdrawn with liberty.

What did the court decide?

Application dismissed as withdrawn with liberty to file a fresh application.

Bhuneshwar Prasad Tiwari and 3 Others vs State of U.P… — Domestic Violence | Allahabad HC (2024)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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**********

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Neutral Citation No. - 2024:AHC:152660

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(Sl.No.10)

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Court No. - 79

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Case :- APPLICATION U/S 482 No. - 22696 of 2024

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Applicant :- Bhuneshwar Prasad Tiwari And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sarvendra Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Sarvendra Dwivedi, learned counsel for the applicants and learned A.G.A. for the State.

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The instant application under Section 482 Cr.P.C. has been preferred to quash the impugned non-bailable warrant order dated 03.06.2024 and the entire proceedings of Complaint Case No. 1785 of 2020 (Priya Tiwari & Anr. vs. Nigam Tiwari & Ors.), under Section 12 of Prevention of Women from Domestic Violence Act, 2005, Police Station Meja, District Allahabad pending in the court of learned Judicial Magistrate, Gram Nayalaya, Meja, Allahabad.

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At the outset, learned A.G.A has raised an objection that in view of the judgement and order dated 31.07.2024 passed by a Coordinate Bench of Lucknow Bench of this Court in Application u/S 482 Cr.P.C. No. 6975 of 2013 (Smt. Suman Mishra vs. The State Of U.P And Ors.), the application under Section 482 Cr.P.C. is not maintainable against the proceedings initiated under the provisions of Section 12 of the Protection of Women from Domestic Violence

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Act.

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In view thereof, learned counsel for the applicants seeks to withdraw the instant application with liberty to file a fresh application in accordance with law.

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

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

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Order Date :- 19.9.2024 Ruhi H.

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(Anish Kumar Gupta, J.)

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Bhuneshwar Prasad Tiwari and 3 Others v. State of U.P. and 2 Others

Case brief

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Bhuneshwar Prasad Tiwari and 3 Others v. State of U.P. and 2 Others

Case brief

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