Court No. - 44
Case :- APPLICATION U/S 482 No. - 29313 of 2018 Applicant :- Smt. Uma Mishra And 6 Ors Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Jitendra Shanker Pandey,Virendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Virendra Singh, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning order dated 06.07.2018 passed by the Judicial Magistrate, Auraiya, in Complaint Case No. 643 of 2018 (Smt. Poonam Vs. Deepesh Mishra and 6 others), under section 12 of the Protection of Women From Domestic Violence Act, 2005, P.S. Auraiya, District Auraiya, as well as the entire proceedings of the above mentioned complaint case.
It is well settled that a notice issued by the Court can be challenged only on limited grounds i.e. (a) the Court, which has issued notice, has no jurisdiction to try the complaint, (b) otherwise the complaint is not maintainable. None of the aforesaid grounds are found available in the present case. The submissions urged by the learned counsel for the applicants in support of the present application touch the merit of the complaint, which can more appropriately be looked into by the Court concerned.
For the reasons given herein above, the application fails and is, accordingly, dismissed.
Order Date :- 13.9.2018 HSM