CRLR/747/2023
2023 Latest Caselaw 3114 UK

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      12.10.2023                     CRLR No. 747 of 2023
                                     Hon'ble Alok Kumar Verma, J.

An Application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by respondent no. 2- applicant. Learned Ist Judicial Magistrate Haldwani, District Nainital allowed the said application on 28.08.2021. Against the said judgment, an Appeal was filed by the revisionists. The said Appeal (No. 27 of 2021) has been dismissed vide judgment dated 07.07.2023, passed by learned Ist Additional Sessions Judge, Haldwani, District Nainital.

2. Heard Mr. Deep Chandra Joshi, learned counsel for the revisionist and Mrs. Manisha Rana Singh, learned A.G.A. for the State.

3. Mr. Deep Chandra Joshi, Advocate, contended that learned Magistrate has passed the residence order while Late Mehandi Hussain, brother-in-law (Jeth) of respondent no. 2 was the sole owner of the property-in- question.

4. Mr. Deep Chandra Joshi, Advocate, submits that 16.10.2023 is fixed in the proceedings, filed under Section 31 of the Protection of Women from Domestic Violence Act, 2005.

5. Learned counsel for the revisionist has requested for dasti.

6. Issue notice to the respondent no. 2 by all the permissible modes including dasti.

7. Steps to be taken within 24 hrs.

8. List on 03.11.2023.

9. In case, proposed revisionist moves an application for adjournment, the concerned Magistrate shall consider the same till 03.011.2023.

(Alok Kumar Verma, J.) 12.10.2023

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