Court No. - 48
Case :- APPLICATION U/S 482 No. - 7193 of 2019 Applicant :- Smt. Indu Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Chetan Chatterjee Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to set aside the order dated 04.01.2019 passed by Civil Judge (Senior Division) / Fast Track Court / Additional Chief Judicial Magistrate, Saharanpur in Case No. 265 of 2018 (Smt. Indu Vs. Prasant Kumar and others), under Section 23 of the Protection of Women from Domestic Violence Act, 2005.
It is submitted by learned counsel for the applicant that an application under Section 31 of Protection of Women from Domestic Violence Act was moved by the applicant for execution of the order passed under Section 12 of the Act. Applicant went to the house concerned to reside there but opposite party nos. 2 to 5 created hindrances and did not permit to the applicant to enter into the house. Application was moved to this extent before the concerned Magistrate where the execution proceeding was pending, but, concerned Magistrate did not provide police protection only on the basis of affidavit given by the opposite party nos. 2 to 5 and rejected the prayer. In fact, opposite party nos. 2 to 5 are not allowing the applicant to enter into the house in question. They have made false affidavit before the execution court.
On the other hand, learned AGA opposed the prayer.
Since applicant has approached this court only for police protection in regard to the execution of the order passed under Section 12 of the Protection of Women from Domestic Violence Act regarding right to residence, thus, application is disposed of at this stage itself without issuing notice to the opposite party nos. 2 to 5 with the direction to the court concerned to provide police protection to the applicant for execution of the order passed under Section 12 of the Act to reside in the shared house, if there is no other legal impediments. Applicant is also directed to move fresh application before the court concerned ventilating all the facts as has been raised in this application. In turn, court concerned shall pass appropriate order in the light of the observation recorded here-in-above.
Accordingly, the present application is disposed of.
It is also clarified that if opposite party nos. 2 to 5 have any grievance, they may approach before this Court for recalling of the order.
Copy of this order be sent to the court concerned through FAX within ten days for compliance.
Order Date :- 26.2.2019//Sanjeet