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Neutral Citation No. - 2025:AHC:26155 Court No. - 77 Case :- APPLICATION U/S 482 No. - 30706 of 2024 Applicant :- Fahim Anwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mithilesh Kumar Tiwari, learned counsel for the applicant, Sri Sandeep Chaudhary, learned A.G.A for the State and perused the record.
2. The instant application under Section 482 Cr.P.C. has been filed for quashing the impugned order dated 21.11.2023 passed by Civil Judge (J.D.)/F.T.C./Offence Against Woman Saharanpur in Misc. Case No.164 of 2021, under Sections 12, 17, 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Kotwali City, District Saharanpur as well as the order dated 10.06.2024 passed by Additional District and Sessions Judge, Court No.15, Saharanpur in Criminal Appeal No.9 of 2021, under Section 29 of the Protection of Women from Domestic Violence Act, 2005 including the recovery warrant dated 19.07.2024 passed by Additional Civil Judge (J.D.) 4th, Court No.33/Judicial Magistrate/Offence Against Woman Saharanpur in Misc. Case No.164 of 2021.
3. Learned AGA has raised a preliminary objection that against the impugned order passed in appeal under Section 29 of Domestic Violence Act, criminal revision lies.
4. At this stage, learned counsel for the applicant submits that he may be permitted to withdraw the present application with liberty to file criminal revision against the impugned proceedings.
5. In view of above, the present application is dismissed as withdrawn with the aforesaid liberty.
6. Certified copy of the impugned orders, if any, may be returned to the applicant after retaining a photo copy of the same. Order Date :- 24.2.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad