Court No. - 83
Case :- APPLICATION U/S 482 No. - 10335 of 2021 Applicant :- Ankita Rani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Prakash Shukla,Babita Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.P. Shukla, 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 order dated 14.11.2017 passed by Additional Chief Judicial Magistrate, Court No. 7, Varanasi, in Misc. Case No. 464 of 2017 (Ankita Rani Vs. Vidya Sagar), under Section 12 of Protection of Women From Domestic Violence Act, P.S. Sarnath, District Varanasi.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that applicant has an alternative remedy by way of filing an Appeal under Section 29 of Protection of Women From Domestic Violence Act.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present applicant fails and is liable to be dismissed on the ground of alternative remedy.
It is, accordingly, dismissed.
Order Date :- 30.7.2021 HSM