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2023 Supreme(All) 1446

DINESH PATHAK
Virendra Kumar Kushwaha – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Raj Kumar Kesari.
For the Respondents: Deepesh Kumar Ojha, Prashant Drivedi.

JUDGMENT :

DINESH PATHAK, J.

1. Heard Sri Raj Kumar Kesari, learned counsel for the applicants, Sri Prashant Dwivedi, learned counsel for the opposite party no. 2 as well as learned AGA for the State.

2. The applicants have invoked the inherent jurisdiction of this Court assailing the impugned summoning order dated 5.4.2021 passed by the learned Civil Judge (Sr. Division), Kaushambi and order dated 3.12.2022 passed by the learned Civil Judge (Sr. Division)/FTC/ACJM Kaushambi under Section 23 of Protection of Women from Domestic Violence Act, 2005 (in brevity D.V. Act) in Complaint Case No. 369 of 2021 (Ritu Kumari vs. Virendra Kushwaha and Others) under Section 12 of the D.V. Act.

3. Facts culled out from the avertments made in the instant application are that marriage of respondent no. 2 was solemnized with applicant no. 1 in the year 2019. It appears that owing to matrimonial bickering, respondent no. 2 has moved a complaint dated 24.3.2021 against her husband and in-laws (mother-in-law, father-in-law and two sisters-in-law) under Section 12 of D.V. Act. The learned trial court, vide order dated 5.4.2021, has issued summons against the present applicants and directed the Probation/Pr

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