Court No. - 44
Case :- APPLICATION U/S 482 No. - 28582 of 2018 Applicant :- Akbar Ali And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajesh Yadav, learned counsel for the applicants and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the order dated 09.08.2017 passed by the Additional Chief Judicial Magistrate, Court No. 4, Moradabad, in Complaint Case No. 1820 of 2016 (Smt. Shamsheena Vs. Akbar Ali and others), under section 12 of Protection of Women From Domestic Violence Act, 2005, P.S. Bhagatpur, District Moradabad.
Admittedly, the order dated 09.08.2017 is appellable under section 29 of the Protection of Women From Domestic Violence Act, 2005. Therefore, the applicants have effective and efficacious alternative remedy against the order impugned in the present application.
In view of the above, the present application stands dismissed on he ground of alternative remedy.
However, it is observed that the recall application filed by the applicant against the order dated 09.08.2017, may be decided by the Court concerned within a period of two months from the date of production of a certified copy of this order.
Order Date :- 5.9.2018 HSM