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2016 Supreme(All) 2153

OM PRAKASH VII
Manoj Mehrotra – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Shikhar Awasthi.
For the Respondent: G.A., Babu Lal Ram.

JUDGMENT

Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant and perused the record.

2. This application under Section 482 Cr.P.C. has been filed by the applicant with the prayer to quash the impugned order dated 22.7.2015 passed by the A.C.M.M.-II, Kanpur Nagar in Complaint Case No. 4200 of 2014 (Neetu Mehrotra Vs. Manoj Mehrotra and others) under Section 23 of Protection of Women From Domestic Violence Act (hereinafter referred to as the Act) and impugned order dated 23.1.2016 passed by A.D.J.-15th, Kanpur Nagar in Criminal Appeal No. 170 of 2015, District Varanasi.

3. Submission of the learned counsel for the applicant is that applicant income is Rs. 60,000/- per annum. The court below on the basis of insufficient evidence calculated that applicant has sufficient means to pay the interim maintenance order under Section 23 of the Act. It was further argued that appellate court did not consider the facts raised by the applicant. Thus, prayer has been made to set aside the order passed by the concerned Magistrate and Appellate Court both.

4. Learned A.G.A. as well as learned counsel for the complainant ar



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