Court No. - 48
Case :- APPLICATION U/S 482 No. - 2234 of 2019 Applicant :- Dheeraj Srivastava And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arun Kumar Misra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the non bailable warrant dated 19.3.2018 passed in case no. 55 of 2015 as well as order of N.B.W. dated 1.9.2018 passed in case no. 54 of 2015 by the 6th Metropolitan Magistrate, Kanpur Nagar both arising out of order dated 10.7.2014 passed in complaint case no. 173 of 2013 under Section 12 of Protection of Women from Domestic Violence Act (hereinafter referred to as the Act). Further prayer has been made to stay the effect and operation of the orders aforesaid.
Heard learned counsel for the applicants and learned A.G.A.
Application under Section 31 of the Act is said to be pending before the concerned Magistrate for recovery of the maintenance amount granted under Section 12 of the Act. It appears that applicants are not complying with the order thus warrant issued against them cannot be said to be illegal. Prayer made in this application cannot be allowed.
The application is dismissed.
Order Date :- 21.1.2019 Sachdeva