Neutral Citation No. - 2025:AHC:67112 Court No. - 79 Case :- CRIMINAL REVISION No. - 1258 of 2025 Revisionist :- Suman Gupta And Another Opposite Party :- State Of U.P. And 5 Others Counsel for Revisionist :- Upendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionists as well as learned counsel for opposite party No.2 as well as learned A.G.A for the State and perused the record. This Crl. Revision has been filed by the revisionists by the revisionists with a prayer to allow the criminal revision and set aside the order dated 16.01.2025 passed by learned Additional District and Session Judge, Court No.1,Kushinagar at Padrauna in Criminal Appeal No. 32 of 2024 (Santosh and others Vs. State of U.P. and others), under section 12 Protection of Women From Domestic Violence Act, Police Station Pataherwa, District, Kushinagar. It is submitted by the learned counsel for the revisionists that in this case the revisionist No.1 is wife of Munna Gupta and revisionist no. 2 is her minor daughter and opposite party Nos.2 to 6 are brothers and nephews of the husband. It is further submitted that there was dispute between the revisionist and her husband who subjected her to harassment. An application under section 12 of Protection of Women From Domestic Violence Act was filed before learned trial court as Complaint Case No.1572 of 2022 which was decided by learned trial court by order dated 20.2.2024, against which the opposite party filed an appeal before the learned court of Sessions that was registered as Criminal Appeal No.32 of 2024 and decided vide order dated 16.1.2025 by which order dated 20.2.2024 was set aside and case was remanded back to the learned trial court to decide the case afresh after giving an opportunity of hearing to both the parties. It is also submitted by the learned counsel for the revisionist that the learned Magistrate while passing the order dated 20.2.2024 allowed the application of the revisionist under section 23 of the aforesaid Act with the direction to the opposite parties to let her live in joint family house but the learned appellate court has set aside the order without considering the difficulty to the revisionist.She was not given an opportunity for filing objection but the learned appellate court decided the appeal against the provisions of law that is illegal and liable to be set aside. Learned A.G.A for the State opposed the prayer as aforesaid and contended that the learned Magistrate passed the order dated 20.2.2024 which was erroneous that was the reason the learned appellate court set aside the order and with certain directions remanded the case for deciding afresh after giving opportunity of hearing to both the parties. There is no any error in the order but this criminal revision being devoid of merit is liable to be dismissed. Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionists as well as learned A.G.A, perusal of record and order passed by learned trial court dated 20.2.2024 and the appellate court dated 16.1.2025, it appears that the error committed by learned court of Magistrate in passing the order dated 20.2.2024 was well considered by the learned appellate court and it was set aside by order dated 16.1.2025. With certain directions it was remanded back to decide the case afresh after giving an opportunity of hearing to both the parties, in accordance with law. There appears no any illegality or impropriety in the order passed by the learned appellate court, therefore, it does not warrant any interference by this Court. However, the learned trial court is directed to decide the case as expeditiously as possible without granting any unnecessary adjournment to either of the parties, within stipulated period of time as provided under the Act. Accordingly, this revision is disposed of finally. Order Date :- 29.4.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad