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2019 Supreme(All) 928

PRADEEP KUMAR SRIVASTAVA
Pramod Kumar Singh – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
Sudhanshu Pandey, Adv., Bipin Kumar Tripathi, Adv.

JUDGMENT :

Pradeep Kumar Srivastava, J.

1. Heard Shri Sudhanshu Pandey, learned counsel for the revisionist, Shri V.K. Twivedi, Advocate holding breif of Shri Bipin Kumar Tripathi, learned counsel for the opposite party no. 2 and Shri M.P. Singh Gaur, learned AGA for the State.

2. This revision has been filed against the impugned judgment and order dated 07.07.2017 passed by the learned Additional District & Sessions Judge, Court no. 1, Gorakhpur in Criminal Appeal No. 226 of 2016 (Pramod Kumar Singh vs. State of U.P.) and order dated 03.11.2016 passed by the Additional Chief Judicial Magistrate-I, Gorakhpur in Misc. Case No. 8829 of 2014 (Pramod Kumar Singh Vs. Pratima Singh), P.S. Kaptanganj, District Gorakhpur by which the learned court below has rejected the application of the husband to set aside the judgment and order dated 31.5.2014 by which application of wife was allowed under section 12 Domestic Violence Act.

3. The impugned orders have been challenged on the ground that the impugned orders are based on misreading of record, non- appreciation of fact/evidence and illegal application of law. Learned Additional Judicial Magistrate, Gorakhpur disposed of the application of oppos

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