Smt. Rajeshwari vs State Of U.P. And Another
2022 Latest Caselaw 1640 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 91
 

 
Case :- APPLICATION U/S 482 No. - 27163 of 2021
 

 
Applicant :- Smt. Rajeshwari
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mayank
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Syed Aftab Husain Rizvi,J.

Learned counsel for the applicant is present.

Stat is represented through learned AGA.

This criminal misc. application U/s 482 Cr.P.C. is filed to set aside the judgment and order dated 06.10.2021 passed by Additional Sessions Judge, court no.8 Mathura in criminal appeal no.15 of 2018 (CIS No.23 of 2018) Ram Chhabila vs. State of U.P. and another U/s 12 of Protection of Women from Domestic Violence Act, P.S.Baldev, District Mahura.

The aforesaid order has been passed in appeal filed against the judgment and order dated 12.02.2018 passed by Judicial Magistrate, Mathura in criminal case no.838 of 2014 under Section 12 of Protection of Women from Domestic Violence Act. The impugned order has been passed in criminal case and thereafter in appeal. Hence the proper remedy for the applicant is to challenge the aforesaid order through criminal writ. So the application U/s 482 Cr.P.C. is not maintainable.

Accordingly this application is dismissed with liberty to the applicant to avail proper remedy available to him according to law.

Registry is directed to return all certified copies to the applicant after accepting xerox of the same.

Order Date :- 27.4.2022

C. MANI