Court No. - 44
Case :- CRIMINAL REVISION No. - 2884 of 2018 Revisionist :- Santoshi Mishra Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Alkesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Alkesh Singh, learned counsel for the revisionist and the learned A.G.A. for the State.
This Criminal Revision has been filed challenging the order dated 25.07.2018 passed by the Additional Session Judge, F.T.C., Court No.2, Mainpuri in Criminal Appeal No.5 of 2018 (Santoshi Mishra vs. Uma Mishra and another) whereby the aforesaid Criminal Appeal preferred against the order dated 09.01.2018 passed by the Additional Chief Judicial Magistrate, Court No.1, Mainpuri in case No.810 of 2016 (Uma Mishra vs. Sandeep Mishra) has been dismissed.
The findings recorded by both the Courts below are findings of the fact whereby the residential rights have been granted in favour of the opposite party No.2 in terms of Section 19 of the Protection of Women from Domestic Violence Act, 2005, and the same could not be dislodged on the ground of the same being perverse and illegal.
For the reasons noted herein above, no occasion arises before this Court to entertain the present Criminal Revision.
The present Criminal Revision fails and is, accordingly, dismissed.
Order Date :- 13.9.2018 cks