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2025 DAILYLAW 111358 (ALL)

HEMA AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

CRLR/6508/2024 · 2025-07-07

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106772 Court No. - 84 Case :- CRIMINAL REVISION No. - 6508 of 2024 Revisionist :- Hema And Another Opposite Party :- State Of U.P. And 6 Others Counsel for Revisionist :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with a prayer to allow the revision and set aside the judgment and order dated 16.11.2024 passed by the learned Additional Civil Judge (J.D.)/Judicial Magistrate, Konch, Jalaun in Case No. 24 of 2021 (Smt. Hema and others Vs. Indra Pal Singh and others), under Section 12 Protection of Women from Domestic Violence Act, Police Station Konch, District Jalaun. It is submitted by the learned counsel for the revisionists that in this case, an application under Section 12 of Protection of Women from Domestic Violence Act was filed by the revisionists before the learned Magistrate which was decided vide order dated 16.11.2024 and the application was dismissed against which he has filed present revision before this Court. Further submitted that the learned Magistrate has committed error of fact and law while deciding the application under Section 12 of the Act, therefore, request to set aside the order passed by learned Magistrate being erroneous and revision is to be allowed. Learned A.G.A. opposed the prayer as aforesaid and contended that against the order passed by the learned Magistrate under Section 12 of the Act, appeal is provided and the revisionist have an option to file an appeal before the learned court of Sessions which he has not opted, therefore revision cannot be said to maintainable. On considering the submissions made by the learned counsel for the revisionist as well as learned A.G.A. perusal of record order passed by learned Magistrate dated 16.11.2024, it appears that this revision has been preferred against the order passed by the learned Magistrate against which appeal is provided under the Act, therefore, the revisionist is hereby directed to file an appeal before the appropriate court against the order in question. In case, he files an appeal within a period of one month from today with an application for condonation of delay it shall be deemed to be condoned. Accordingly, the present revisionist is disposed of. Order Date :- 8.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad