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Neutral Citation No. - 2025:AHC:54518 Court No. - 79 Case :- CRIMINAL REVISION No. - 1736 of 2025 Revisionist :- Kshama Kumari Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A.,Pradip Kumar Srivastava Hon'ble Subhash Chandra Sharma,J. Heard Sri Amit Kumar, learned counsel for the revisionist as well as Sri Pradip Kumar Srivastava, learned counsel for the opposite party no.2. The present criminal revision has been moved with prayer to allow this revision and set aside the impugned order dated 01.03.2025 passed by Additional District and Session Judge, Chandauli in Criminal Appeal No.39/2024 ( Abhishek Srivastava vs. State & Kshama Kumari) under Section 29 of Protection of Women from Domestic Violence Act, 2005 as well as to stay the effect and and operation of order dated 01.03.2025 passed in the aforesaid case. It is submitted that in this case the learned trial court passed an
order dated 24.09.2024 in Complaint Case No.3029/22 u/s 23 Protection of Women from Domestic Violence Act, 2005 against which an appeal was filed before the learned court of Session which was decided by order dated 01.03.2025 by which the order passed by learned court of Magistrate dated 24.09.2024 was set aside and case was remanded back to the learned trial court for deciding afresh after giving an opportunity of hearing to both the parties in view of the directions passed by the appellate court in Appeal No.62/23. Being aggrieved with the aforesaid order passed by the learned appellate court the revisionist has preferred this criminal revision before this Court. Further submitted that though she has no grievance regarding order passed by the learned appellate court but she has requested to direct the learned trial court to decide the case as expeditiously as possible within stipulated period of time.
Learned counsel for the opposite party contended that in this case the revisionist must have no any grievance since the learned appellate court has remanded the case back for deciding it afresh after giving an opportunity of hearing to both the parties in view of
the directions given by the appellate court in Appeal No.62/23. He has no any objection regarding direction to the learned trial court for expeditious disposal of the case. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties and perusal of record including the order passed by learned appellate court dated 01.03.2025, it appears that in Appeal No.62/23 some specific directions were given to the learned trial court to pass the order afresh in light of those directions but learned trial court passed the
order dated 24.09.2024 without complying with the directions given in Appeal No.62/23. As a result, the learned appellate court has set aside the order dated 24.09.2024 passed by the learned trial court and remanded the case back to pass the order afresh in light of the observations made by the learned appellate court in Appeal No.62/23. In considered opinion of this Court, there appears no any illegality or impropriety in the order passed by learned appellate court dated 01.03.2025 in remanding the case back to the learned trial court for passing the order afresh complying the directions of the learned appellate court. Therefore, the present criminal appeal has no force and it does not warrant any interference by this Court. However, learned trial court is directed to decide the case in accordance with the directions as given by the learned appellate court in the aforesaid order, as expeditiously as possible, without granting any unnecessary adjournment to either of the parties. Accordingly, this criminal revision stands disposed of finally at the admission stage itself.
Order Date :- 15.4.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad