Court No. - 72
Case :- APPLICATION U/S 482 No. - 36025 of 2019 Applicant :- Ankur Chaudhari Alias Bittu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard counsel for the applicant and learned A.G.A. for the State.
The present application under section 482,Cr.P.C. has been filed challenging the order dated 16.5.2019 passed by the Additional Chief Judicial Magistrate, Hapur in Complaint Case No. 235 of 2017, Smt. Anchal Vs. Ankur Chaudhari alias Bittu, under section 12 of Protection of Women From Domestic Violence Act, 2005, by which the applicant has been directed to pay interim maintenance amounting to Rs. 3000/- per month to the wife-opposite party no. 2 & her daughter.
The order impugned is appealable under section 29 of the aforesaid Act. The applicant without availing of the said statutory remedy of appeal, has directly rushed to this Court invoking inherent powers of the High Court under section 482,Cr.P.C., hence the present application is not maintainable.
The application is therefore dismissed on the ground of availability of alternative remedy.
Order Date :- 27.9.2019 SNT/