CRLR/426/2022
2022 Latest Caselaw 3183 UK

                     Office Notes, reports,
SL.                orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      27.09.2022
                                                CRLR No. 426 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. Piyush Garg, Advocate, for the revisionist.

Mr. Dinesh Chauhan, Brief Holder, for the State.

Initially, this Court has posed a question to the learned counsel for the revisionist, as to whether the revision as against the appellate judgment which has been rendered under Section 29 of the Domestic Violence Act, would at all be tenable. The learned counsel for the revisionist has referred to a judgment of Full Bench of Allahabad High Court in the matters, as reported in 2018 (1) All LJ 147 (FB), Dinesh Kumar Yadav Vs. State of U.P. and Another, where the question, which was referred to be answered is extracted hereunder:-

"Whether a revision under Section 397/401 of the Code of Criminal Procedure, 1973 is maintainable before the High Court challenging an order passed by the Court of Sessions under section 29 of the Act, 2005?"

The said question has been answered by the Full Bench of the Allahabad High Court in para 39 of the said judgment, whereby it has observed that while exercising the powers under Section 379 to be read with Section 401 of Cr.PC, as against the appellate Court judgment under Section 29 of the Act, 2005, the revision would be maintainable.

Admit the revision.

Summon the LCR of the proceedings of Misc. Criminal Case No. 42 of 2015, Meenakshi Joshi Vs. Parikshit Joshi and others.

Issue notice to respondent No. 2. Steps would be taken by the revisionist for effecting service on respondent No. 2, within a period of one week from today.

List this matter after the receipt of the records of the Court below.

By way of an interim measure, it is directed, that the effect and operation of the impugned judgment and order dated 26.02.2022, which stood affirmed by the appellate Court judgment dated 04.06.2022, would be kept in abeyance till the next date of listing.

Stay Application No. IA/1/2022 stands disposed of accordingly.

(Sharad Kumar Sharma, J.) 27.09.2022 Mahinder/