Court No. - 44
Case :- APPLICATION U/S 482 No. - 13906 of 2018 Applicant :- Jay Mittal And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Suresh Narain Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Sudhir Dixit, the learned counsel for the applicants, the learned A.G.A. for the State and Mr. Vijay Kumar Dwivedi, who has put in appearance on behalf of the opposite party No.2 by filing his Vakalatnama in court today, which is taken on record.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 05.02.2018 passed by the Additional Session Judge, Court No.9 in Criminal Appeal No.303 of 2016 (Jai Mittal and others vs. State of U.P. and others), under Section 29 of the Protection of Women from Domestic Violence Act 2005, dismissing the appeal, which was preferred in challenge to the order dated 21.11.2016 passed by the Additional Chief Judicial Magistrate, Court No.6, Aligarh in Complaint Case No. 455 of 2016 (Smt. Yogita Mittal vs. Jai Mittal and others), under Sections 12, 14, 18 and 20 of the Protection of Women from Domestic Violence Act, 2005, P.S. Quarsi, District Aligarh.
A Full Bench of this Court in the case of Dinesh Kumar Yadav vs. State of U.P. and another reported in 2016 (11) ADJ 29 has clearly held that against an order of the Appellate Authority passed in an appeal preferred in Section 29 of the Act, 2005, a Criminal Revision shall lie.
Consequently, this application is, accordingly, dismissed on the ground of maintainability. However it shall be opened to the applicant to file a Criminal Revision, if so, advised.
Certified copy of the impugned order may be returned to the learned counsel for the applicant, after retaining a photocopy of the same to be kept on record.
Order Date :- 24.8.2018 cks