Court No. - 71
Case :- APPLICATION U/S 482 No. - 47303 of 2019 Applicant :- Ram Darash Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been moved on behalf of the applicant with a prayer to quash the order dated 27.09.2019 passed by Judicial Magistrate, Court No. 12, Azamgarh, in Case No. 398 of 2012 (Urmila and others v. Ram Daras and others), under Section 31 and 32 of Protection of Women from Domestic Violence Act, 2005, Police Station - Tahbarpur, District - Azamgarh.
3. Undisputedly, against the order dated 07.10.2017, the applicant had filed an appeal before the District and Sessions Judge, Azamgarh, being Criminal Appeal No. 125 of 2017. The same is said to have been dismissed by the order dated 14.11.2019. Against the order dated 14.11.2019, the applicant appears to have filed Criminal Revision No. 4581 of 2019.
4. In view of such remedy having been availed, no other remedy can be made available to the applicant. Merely because non-bailable warrant has been issued, occasioned by non- compliance of the order dated 07.10.2017, as upheld by order dated 14.11.2019, rights of the parties would be governed by any interim order that might have been passed in Criminal Revision No. 4581 of 2019 and no other proceedings would lie.
5. The present application is found to be misconceived and resultantly, the same stands rejected.
Order Date :- 20.12.2019 I. Batabyal