PARMENDRA Vs. STATE OF U P AND ANOTHER

JUDGEMENT

(1.) Heard the learned counsel for the applicant, the learned AGA for the State and perused the record.

(2.) The instant application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the order dated 27.7.2011, passed by Additional Sessions Judge, Hapur, District Ghaziabad in Criminal Appeal No.138 of 2009, Parmendra Vs. State & another, under Sections 12, 18, 19 of The Protection of Women From Domestic Violence Act, 2005, P.S. Hapur Dehat, District Ghaziabad.

(3.) It is submitted by the learned counsel for the applicant that the opposite party no.2 has initiated the proceeding under the Domestic Violence Act in which the notice was issued to the applicant and the learned Additional Chief Judicial Magistrate passed the order directing the applicant to maintain the opposite party no.2 by providing fifteen hundred rupees per month and five thousand rupees towards the expenses. Against which the applicant has preferred the criminal appeal before the court of Additional Sessions Judge, Hapur, District Ghaziabad. The applicant has moved an application that the opposite party no.2 may be medically examined to determine her sex, but the said application was illegally rejected by the appellate court by impugned order dated 27.7.2011.