Dismissed

Kanti Devi v. State of U.P. and 3 Others

Allahabad HC1 Oct 2024A482/23166/2024

Case brief

AI extract

What is this about?

This order dismisses Section 482 Cr.P.C. application seeking stay on DV Act proceedings. The court accepts preliminary objection that such applications are not maintainable per Lucknow Bench precedent, but allows withdrawal with liberty to file fresh application.

What did the court decide?

Application dismissed as not maintainable; liberty granted to withdraw and file fresh application.

Kanti Devi vs State of U.P. and 3 Others — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:161449

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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(Sl. No.14)

Court No. - 79

Case :- APPLICATION U/S 482 No. - 23166 of 2024

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Applicant :- Kanti Devi Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Anish Kumar Gupta,J.

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Heard Sri Sushil Kumar Dubey, learned counsel for the applicant and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State.

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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 be pleased to allow this application and direct the learned Civil Judge (Junior Division)/F.T.C./C.A.W. Auraiya to expedite/decide the case no.1173 of 2023 (Kanti Devi Vs. Nupur Tiwari and others), u/s 12 Protection of Women of Domestic Violence, Act, 2005 pending before the Civil Judge (Junior Division)/F.T.C./C.A.W. Auraiya expeditioulsy prefereably within a stipulated period as fixed by this Hon'ble Court, otherwise, the applicant shall suffer an irreparable loss and injury."

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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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In view thereof, learned counsel for the applicant seeks to

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

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In view thereof, the instant application is dismissed as not maintainable with liberty as prayed.

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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 :- 1.10.2024 Mini

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(Anish Kumar Gupta,J.)

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Kanti Devi v. State of U.P. and 3 Others

Case brief

What is this about?

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Kanti Devi v. State of U.P. and 3 Others

Case brief

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