PREETI; MOHD AFZAL Vs. STATE OF U P

JUDGEMENT

(1.) This criminal revision has been filed against the order dated 7.6.10 passed by the Additional District & Sessions Judge/FTC No.3, Bijnor whereby the court allowed the revision and directed the trial court to re-decide the matter in the light of the observations made in the revisional order.

(2.) It appears from the record that an application under Protection of Women from Domestic Violence Act, 2005 was moved by the revisionist against her husband, her father-in-law, mother-in-law, sister-in-law and husband of the sister-in-law. They all were issued notices. They filed W.S. in which the objection was taken that the petition was not maintainable. The trial court was of the opinion that as the plea taken by the revisionist was to be decided on the basis of the evidence, hence, the matter was deferred till the evidence is led by the parties. Against that order O.P. Nos.2 to 5 filed revision. That revision was allowed. The order of the Magistrate dated 2.12.08 was set aside. The matter was remanded back to the Magistrate to decide it afresh in the light of the observations made in the revisional order. In the revisional order it was observed that the objections raised by the revisionist should first be decided by taking evidence. Against the order of the revisional court present revision has been filed by the revisionist.

(3.) Heard Mr. Mohd. Afzal, learned counsel for the revisionist, learned AGA and perused the record.