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2024 Supreme(All) 2500

IN THE HIGH COURT OF ALLAHABAD
ARUN KUMAR SINGH DESHWAL
Devendra Agarwal – Appellant
Versus
State of U.P. – Respondent


Advocates Appeared:
For the Appellant : Km Preete,Neeraj Kumar

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. In all the connected applications either the proceedings under the DOMESTIC VIOLENCE ACT , 2005 (hereinafter referred to as "D.V. Act, 2005") or the orders passed therein are challenged or prayer is made to expedite the proceeding under the D.V. Act, 2005.

2. During the hearing Sri Pankaj Saxena, learned A.G.A., has raised a preliminary objection that in view of the judgement of coordinate Bench of this Court in the case of Smt. Suman Mishra vs. State of U.P. and others; Application u/s 482 No. 6975 of 2013, the application filed under Section 482 Cr.P.C. is not maintainable against the proceeding or orders passed under the D.V. Act, 2005. Therefore, a common question was framed with the consent of all the learned counsel appearing for the parties to determine whether in view of the judgement of the coordinate Bench in the case of Suman Mishra (supra), an application filed under Section 482 Cr.P.C. is not maintainable against the proceeding or order passed under the D.V. Act, 2005. The matter was heard at great length and judgement was reserved on 23.10.2024.

Submission of learned counsel for the applicants

3. Km. Preete, learned counsel for

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