Benche Lal And Another v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another

Neutral Citation No. - 2025:AHC-LKO:1971

Court No. - 16

Case :- CRIMINAL REVISION DEFECTIVE No. - 441 of 2024

Revisionist :- Benche Lal And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Prahlad Maurya,Anam Som Ratna Maurya Counsel for Opposite Party :- G.A.

Hon'ble Karunesh Singh Pawar,J.

1.Heard learned counsel for the revisionists, learned Additional Government Advocate for the State on this criminal revision filed against the order dated 13.2.2023 passed by Addl. Civil Judge (J.D.)/J.M., Mohammadi, Kheri passed in complaint case No.119 of 2020 Smt. Anjali versus Satish Kumar, and perused the record.

2.Learned A.G.A. has raised a preliminary objection that appeal lies under section 29 of Domestic Violence Act and after exhausting remedy of appeal, only then revision can be filed. In support of his contention, he has relied on a Full Bench decision of this Court in Dinesh Kuamr Yadav versus State of U.P. and another [2017(98)ACC 225.

3.Learned counsel for the revisionists at this stage submits that he may be permitted to withdraw the revision with liberty to avail alternative remedy, as per law.

4.The revision is accordingly dismissed with liberty as prayed.

Office is directed to return certified copy of the documents annexed with the revision and retain a copy thereof on record.

Order Date :- 10.1.2025 kkb/