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2022 Supreme(All) 186

MANJU RANI CHAUHAN
Arvind Upadhayay – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rahul Mishra
For the Respondent: Anil Kumar Chaudhary, Ved Prakash Shukla

JUDGMENT :

1. On 4th February, 2021, this Court passed following order:

    "On 5th December, 2016, a Coordinate Bench of this Court passed following order:

"The present application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of case no. 8008 of 2016, under Sections 31 Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act), Police Station Civil Lines, District Allahabad pending in the court of Addl. Chief Judicial Magistrate, Court No. 10, Allahabad. Further prayer has been made to stay further proceedings of the aforesaid case.

Heard learned counsel for the applicant as well as the learned AGA.

It is submitted by the learned counsel for the applicant that during the pendency of the appeal filed against the order under Section 12 of the Act an application under Section 31 of the Act was moved by the aggrieved party. Concerned Magistrate exceeding the jurisdiction passed the orders dated 4.11.2016 and 8.11.2016. In the original order passed under Section 12 of the Act no relief/protection of right to residence was given. Since Section 31 of the Act is related to the execution of the order passed under Section 12 of the Act

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