Shashank Shekhar Singh vs State Of U.P. & Another
2021 Latest Caselaw 10686 ALL

Citation : 2021 Latest Caselaw 10686 ALL
Judgement Date : 19 August, 2021

Allahabad High Court

Shashank Shekhar Singh vs State Of U.P. & Another on 19 August, 2021

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- U/S 482/378/407 No. - 2428 of 2019
 

 
Applicant :- Shashank Shekhar Singh
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- S.P. Singh "Somvanshi"
 
Counsel for Opposite Party :- Govt. Advocate,Pranshu Agrawal,Pushpila Bisht,Raghvendra Pandey
 

 
Hon'ble Karunesh Singh Pawar,J.

1. The petition has been filed under Section 482 CrPC for setting aside order dated 31.1.2019, passed by Addl. District and Sessions Judge/Spl. Judge, Court No.8, P.C. Act, Lucknow.

2. Heard learned counsel for the petitioners and learned A.G.A. for the State.

3. At the outset, learned A.G.A. has raised a preliminary objection regarding maintainability of the petitioner in view of Full court judgment reported in [2017(98) ACC 225] Dinesh Kumar Yadav versus State of U.P. and another. It is submitted that a revision under section 397/401 CrPC against judgment and order of the court of Sessions under section 29 of the Domestic Violence Act is maintainable and not a petition under Section 482 CrPC.

4. In view of above, the petition is dismissed as not maintainable. Liberty is granted to the applicant to avail alternate remedy, as per law.

Order Date :- 19.8.2021

kkb/