Court No. - 44
Case :- CRIMINAL REVISION No. - 2864 of 2018 Revisionist :- Shanker Lal @ Prem Shanker Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Santosh Kumar Yadav, learned counsel for the revisionist and the learned A.G.A. for the State.
This Criminal Revision has been filed challenging the order dated 20.01.2018 passed by the Additional Chief Judicial Magistrate-VII, Bareilly in Criminal Case No.662 of 2017 (Smt. Radha vs. Shanker Lal and others), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station-C.B. ganj, District- Bareilly as well as the order dated 18.07.2018 passed by the Additional Session Judge, Court No.6, Bareilly in Criminal Appeal No.27 of 2018 (Shanker Lal @ Prem Shanker vs. State of U.P. and another), under Section 29 of the aforesaid Act whereby the aforesaid Criminal Appeal preferred against the order dated 18.07.2018 has been dismissed.
The Appellate Court has dismissed the appeal filed by the revisionist on the ground that the plea raised by the appellant/revisionist before the Appellate Court that his objections were not considered by the Magistrate before passing the order dated 20.01.2018 is wholly misconceived. The Appellate Court has recorded a finding that the appellant did not appear before the Court below nor filed any objection to the application under Section 12 filed by the opposite party No.2 herein.
Learned counsel for the revisionist has challenged the said finding before this Court on the basis of certain material appended along with the memo of present Criminal Revision. It is well settled that a recital contained in a judicial order can be challenged only before the Court which has passed that order. The Act of 2005 clearly provides for filing of an application under Section 25(2) for revocation of such order. No application in terms of Section 25(2) of the Act of 2005 was filed by the opposite party No.2 seeking revocation of the order on the ground as noted herein above. In the absence of any cogent material to contradict the findings recorded by the Magistrate, the Appellate Court committed no illegality in rejecting the submission raised before it.
For the reasons given herein above, no occasion arises to entertain the present Criminal Revision. The Criminal Revision fails and is accordingly dismissed.
Order Date :- 13.9.2018 cks