Court No. - 44
Case :- APPLICATION U/S 482 No. - 30285 of 2018 Applicant :- Anand Gopal Mishra Opposite Party :- State Of U.P And Another Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajendra Singh, learned counsel for the applicant and the learned A.G.A. for the State.
This application under section 482 Cr. P. C. has been filed challenging the summoning orders dated 26.3.2014 and 17.6.2015 passed by the Additional Chief Judicial Magistrate 9th Varanasi, in Complaint Case No. 1569 of 2013 (Shweta Mishra Vs. Anand Gopal), under section 18 of Protection of Women From Domestic Violence Act, P.S. Cantt., District Varanasi, as well as the order dated 16.01.2016 passed by the Additional Sessions Judge/Special Judge, (Prevention of Corruption Act), Varanasi, whereby the aforesaid Criminal Appeal preferred against the orders dated 26.3.2014 and 17.6.2015 has been partly modified.
A Full Bench of this Court in the case of Dinesh Kumar Yadav Vs. State of U.P., 2016 (11) ADJ, 29 has clearly held that against an appellate order passed under section 29 of the Act of 2005, a criminal revision shall lie before this Court. Consequently, the present application is not maintainable and dismissed on the ground of alternative remedy.
Order Date :- 17.9.2018 HSM