Court No. - 44
Case :- MATTERS UNDER ARTICLE 227 No. - 2739 of 2018 Petitioner :- Ajay Kumar Sharma Respondent :- State Of U.P. And Another Counsel for Petitioner :- Hemant Sharma Counsel for Respondent :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashish Kumar Gupta, Advocate holding brief of Mr. Hemant Kumar Sharma, learned counsel for the petitioner and the learned A.G.A. for the State.
This petition under Article 227 of the Constitution of India has been filed challenging the order dated 2.2.2018 passed by the Appellate Court in Criminal Appeal No. 155 of 2017 (Ajay Kumar Vs. State of U.P. and another) preferred against the order dated 29.8.2017 passed by the Additional Chief Judicial Magistrate, Bulandshahr in Complaint Case No. 30 of 2015 (Smt. Meenu Sharma Vs. Ajay and others) under section 23 of Protection of Women from Domestic Violence Act, by which interim maintenance at the rate of Rs. 3000/- has been awarded to the opposite party No. 2 and her son.
A Full Bench decision of this Court in the case of Dinesh Kumar Yadav vs. State of U.P. and another, reported in 2016 (11) ADJ 29 has held that against the orders passed by the Court below, in proceedings arising out of the aforesaid facts a criminal revision shall lie against the order passed by the appellate court. Thus in view of the availability of alternative remedy, the present petition under Article 227 of the Constitution of India is not maintainable.
Accordingly, the present petition is dismissed on the ground of alternative remedy.
Order Date :- 27.4.2018 HSM