Court No. - 83
Case :- APPLICATION U/S 482 No. - 6094 of 2021 Applicant :- Vinod And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pravesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Case called out in revised list. No one appears on behalf of applicants to press this application. However, learned A.G.A. is present for State.
2. Perused the record.
3. This application under section 482 Cr.PC has been filed challenging summoning order dated 10.06.2019 passed by Additional Chief Judicial Magistrate, Court No.3, Bulandshahr in Criminal Case No.1058 of 2019 (Smt. Renu Vs. Vinod and others) under Section 31 Protection of Women from Domestic Violence Act, 2005 as well as entire proceedings of consequential Case No. 4876 of 2020 (State Vs. Pradeep Singh and others) under Sections 409, 420, 323, 427, 406 I.P.C. Police Station-Mubarakapur, District- Azamgarh pending in court of Chief Judicial Magistrate, Azamgarh.
4. At the very outset, learned A.G.A. raised a preliminary objection by submitting that by means of order dated 10.06.2017 passed by court below, only notices have been issued against applicants. Since jurisdiction of Court to entertain the Case under Section 31 of Protection of Women From Domestic Violence Act, 2005 has not been raised, court below has not committed any illegality in passing the impugned order. It is also contended that under the scheme of Protection of Women From Domestic Violence Act, 2005, against order dated 10.06.2017, an appeal shall lie under Section 29 of Protection of Women From Domestic Violence Act, 2005. On the aforesaid premise, he therefore, submits that present application is not maintainable and therefore liable to be dismissed.
5. Having heard learned A.G.A. and upon perusal of material brought on record, the Court finds force in the submission urged by learned A.G.A.
6. In view of above, present application is dismissed as not maintainable.
Order Date :- 27.9.2021 YK