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2024 Supreme(All) 421

SUBHASH VIDYARTHI
Shashank Pandey – Appellant
Versus
State Of U. P. Thru. The Addl. Civil Secy. Home U. P. Lucknow – Respondent


Advocates Appeared:
For the Applicant : Shailendra Singh Rajawat,Saurabh Singh
For the Opposite Party : G.A.

JUDGMENT :

Subhash Vidyarthi J.

1. The submissions of Sri Shailendra Singh Rajawat, the learned counsel for the applicants and Sri Anurag Verma, the learned AGA-I appearing for the State were heard on 18.01.2024 and judgment was reserved. Subsequently, on 02.02.2024 the opposite party no. 2 appeared in person and requested for being provided an opportunity to file objections against the application, which was granted. The opposite party no. 2 has filed objections without supplying a copy of the same to the applicant or his learned Counsel. Moreover, the objections filed by the opposite party no. 2 do not address the question which has been raised by means of the application under Section 482 Cr.P.C. For the aforesaid reasons, although the objections filed by the opposite party no.2 have been taken on record, the same are not being taken into consideration in this order.

2. By means of the instant application under Section 482 Cr.P.C., the applicants have assailed the legality and validity of the judgment and order dated 29.09.2022 passed by the Civil Judge (Jr. Div.)/FTC-I, Pratapgarh in Complaint Case No. 1386 of 2021, under Sections 12 of the Protection of Women from Domestic Violen

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