Court No. - 72
Case :- APPLICATION U/S 482 No. - 28849 of 2019 Applicant :- Prabhakar Dubey And 5 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Renu Devi Dohre Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed for quashing the impugned order dated 27.9.2018 passed by the Judicial Magistrate, as well as further proceedings of Complaint Case No. 906 of 2017 (Smt. Uma Tiwari Vs. Prabhakar Dubey & Ors.) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 for short "Act") P.S. Sector-39 Noida, District Gautam Budh Nagar.
The order impugned has been passed by the Judicial Magistrate,Gautam Budh Nagar under Section 23 of Act granting interim maintenance to the O.P. No.2 to the extent of Rs. 5000/- per month from the date of the application. Against the impugned order, the present application is not maintainable and the statutory appeal would lie under Section 29 of the Act.
In these circumstances, the present application is dismissed with liberty to the applicant to approach before the court concerned under Section 29 of the Act.
Office is directed to returned the certified copy of the impugned order within a week after retaining the photostat copy of the same on record.
Order Date :- 25.7.2019 Akbar