Court No. - 54 Case :- APPLICATION U/S 482 No. - 28218 of 2009 Petitioner :- Atul Kumar And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Mangala Prasad Rai Respondent Counsel :- Govt. Advocate Hon'ble Ravindra Singh,J.
Heard learned counsel for the applicants and learned AGA.
In pursuance of the order dated 3.11.09, respondent no. 2 Smt. Beena Devi
and applicant no. 1 Atul Kumar are present.
On quarry made by the Court Smt. Beena Devi stated that she is ready to live
with her husband but at Allahabad not at Mumbai.
This application has been filed by the applicants with a prayer to quash the
proceeding of complaint case no 218/12 of 2009 under section 23 of the
Protection of Women from Domestic Violence Act, 2005, pending in the
Court of Judicial Magistrate, Court no. 1, Allahabad.
From the perusal of the record it appears that it is not proper stage to pass any
order on merits of this case but there is no good ground to quash the
proceeding of above mentioned case. Therefore without expressing any
opinion on merits of this case, the prayer to quash the above mentioned
proceedings is refused.
Interim order dated 3.11.2009 is hereby vacated.
However, considering the facts, it is directed that in case applicants appear
before the court concerned within 30 days from today and apply for bail, the
same shall be heard and disposed of expeditiously on the same day in
accordance with law by the courts concerned.
With this direction, the application is finally disposed of.
Order Date :- 25.1.2010
SR