Court No. - 72
Case :- APPLICATION U/S 482 No. - 36361 of 2019 Applicant :- Ashish Gupta And 8 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Onkar Nath Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Onkar Nath, learned counsel for the applicants and learned A.G.A. for the State.
The present application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 05.07.2019 as well as the entire proceedings of Complaint Case No. 4945 of 2019 (Neelam Sahu Vs. Ashish Gupta and others), under Section- 12 of Protection of Women from Domestic Violence Act, 2005, Police Station- Barra, District-Kanpur Nagar, pending before the Special C.J.M., Kanpur Nagar.
Contention of learned counsel for the applicants is that the entire family of the husband has been implicated although there is no domestic relationship between the opposite party no. 2 and the other family members.
By the impugned notice, the applicants were directed to be served with notice only. The applicants have an opportunity to appear before the court concerned and file an objection regarding the maintainability of the application before the Magistrate concerned, on the ground as urged here that there is no domestic relationship between some of the applicants. In case such an application/objection is filed, the Magistrate concerned shall decide the same in accordance with law.
With the aforesaid observations, the application stands dismissed.
Order Date :- 30.9.2019 Shivangi