Kanti Devi vs State Of U.P. And 3 Others
2024 Latest Caselaw 33223 ALL

Allahabad High Court

Kanti Devi vs State Of U.P. And 3 Others on 1 October, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:161449
 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
***** 
 
(Sl. No.14)
 
Court No. - 79
 

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

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

 
Hon'ble Anish Kumar Gupta,J.
 

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

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

" 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."

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.

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

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

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.

Order Date :- 1.10.2024

Mini

(Anish Kumar Gupta,J.)