Court No. - 55
Case :- APPLICATION U/S 482 No. - 31135 of 2018 Applicant :- Bhagmani Devi@Smt.Laxmina Devi Opposite Party :- State Of Up And 2 Otherspassed by Addl. Sess Counsel for Applicant :- Awadh Behari Singh Counsel for Opposite Party :- G.A.,Sri Akhilesh Singh,Sri Yogendra Yadav
Hon'ble Vivek Kumar Singh,J.
Counter and rejoinder affidavits have been exchanged.
Heard Sri A.B.Singh,learned counsel for the applicant,Sri Akhilesh Singh learned counsel for private opposite party no. 2 and learned A.G.A.for the State and also perused the record.
This application under Section 482 Cr.P.C. has been filed for restraining the opposite party no.2 from transferring the land in dispute and money deposited in S.B.Account No.3001065807 in Purvanchal Gramin Bank, Branch New Colony, Deoria in favour of opposite party no.3 and further not to hand over the stridhan to opposite party no.3 and also not to disposes from the house and provide maintenance to the applicant. The prayer has also been made for quashing the order dated 29.4.2017 passed by Judicial Magistrate, Court No.24, Deoria in Case No. 626 of 2014 and order dated 18.7.2018 passed by Addl.Sessions Judge, Court No.2, Deoria in Criminal Appeal No.54 of 2017 under Section 12 of the Protection of Women from Domestic Violence Act,2005.
After having considered the submissions made by learned counsel for the parties and perused the material on record and examined the relevant provisions of the Code of Criminal Procedure, I am of the view that the submissions made by learned counsel for the applicant have force and are liable to be accepted.
It is directed that opposite party no.2 will not transfer the land in dispute as well as money deposited in S.B.Account No.3001065807 in Purvanchal Gramin Bank, Branch New Colony, Deoria in favour of opposite party no.3 and further not to hand over the stridhan to opposite party no.3 and also not to disposes from the house and provide maintenance to the applicant as directed by the court below.
For the aforesaid reasons, the present application is allowed. The impugned orders passed by the courts below dated 29.4.2017 and 18.7.2018 respectively are hereby quashed.
The matter is remanded back to the court below to pass an appropriate order afresh in accordance with law after affording opportunity of hearing to both the parties within a period of three months from the date of production of certified copy of the order. .
Order Date :- 31.10.2018 IA