← Library
Patna High CourtCR. WJC/3/2022withdrawn

Sant Kumar v. The State Of Bihar Through Superintendent Of Police,Gaya, Bihar

2023-08-17Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.3 of 2022 Arising Out of PS. Case No.-37 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

SANT KUMAR Son of Late Tribhuwan Singh Resident of VillagePasandha, P.S.- Sigori, District- Patna. 2.

Sujay Kumar Son of Late Tribhuwan Singh Resident of Village- Pasandha, P.S.- Sigori, District- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar through superintendent of police,Gaya, Bihar 2.

Babita Devi Wife of Late Sudhir Kumar Resident of Village- Pasandha, P.S.- Sigori, District- Patna, at present Village- Chandhria, P.S.- Jehanabad, District- Jehanabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prateek Tandon For the Respondent/s :

Mr. Deepak Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-08-2023

1. The petitioner has challenged the order dated 22-12-2017 passed by learned S.D.J.M., Gaya in Complaint Case No. 37 / 2017 under Section 23 (2) of the Protection of Women From Domestic Violence Act, 2005.

2. The impugned order is appealable inasmuch as under Section 29 of the Protection of Women from Domestic Violence Act, 2005, there shall lie an appeal before the court of Session.

3. In view of the aforesaid, learned counsel for the petitioner seeks permission to withdraw this writ application

Patna High Court CR. WJC No.3 of 2022(3) dt.17-08-2023 2/2 with liberty to file appeal before the learned Session Judge, Gaya.

4. Permission is granted.

5. The writ application is dismissed as withdrawn with liberty to the petitioner to file appeal. If such appeal is filed by the petitioner within fifteen days from today along with condonation of delay petition, the learned Session Judge, Gaya shall consider the same in accordance with law. (Anil Kumar Sinha, J) praful/- U T