Court No. - 72
Case :- MATTERS UNDER ARTICLE 227 No. - 5760 of 2019 Petitioner :- Yogesh Gupta And 2 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri P.H. Vashishtha, learned counsel for the petitioners and learned AGA for the State.
Present writ petition has been filed challenging the order dated 17.4.2019 passed by Judicial Magistrate, Mawana, Meerut in Case No. 43 of 2015, under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) as well as the Criminal Appeal No. 55 of 2019, under Section 29 of the Act, P.S. Mawana, District Meerut.
Preliminary objection has been raised by learned AGA that this petition under Article 227 of the Constitution is not maintainable.
In support of his contention, learned AGA has placed reliance upon the judgment passed by the Apex Court in the case of Dinesh Kumar Yadav Vs. State of U.P., AIR 2017 ALLAHABAD 29 (FB), whereby it was held that revision would lie against the appellate order.
In reply, learned counsel for the petitioners submits that under these circumstances, the petitioners do not want to press the present writ petition and the same may be dismissed as not pressed.
In view of the above, present writ petition is dismissed as not pressed.
However, liberty is granted to the petitioners to file Criminal Revision under Section 397/401 of Cr.P.C.
Office is directed to return the certified copy of the impugned orders within a week to learned counsel for the petitioners after retaining xerox copy of the same on record.
Order Date :- 30.7.2019 Noman