DILIP B.BHOSALE, ADITYA NATH MITTAL, RAJAN ROY
Dinesh Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
Dilip B. Bhosale, C.J.—The order of reference dated 2nd August, 2016, which has occasioned the constitution of this larger Bench, was passed by one of us (Rajan Roy, J.) in the instant Criminal Revision in view of the divergence of opinion/views expressed by coordinate Benches of this Court on the question, whether a revision against the order passed in appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act, 2005’) is maintainable? The questions referred to this Bench read thus:—
“(i) whether a revision under Section 397/401 of the Code of Criminal Procedure, 1973 is maintainable before the High Court challenging an order passed by the Court of Sessions under Section 29 of the Act 2005?
(ii) whether the decisions in the case of Nishant Krishna Yadav (Criminal Revision No.4016 of 2015) and Manju Shree Robinson and Ors. v. State of U P and Ors. (Writ Petition No.7926 (MS) of 2015) lay down the law correctly on the question of maintainability of a Revision under Section 397/401 of the Code of Criminal Procedure before the High Court against an order passed by the Court of Sessions under Section 29 of the Act 2005 in view of the
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