Court No. - 72
Case :- MATTERS UNDER ARTICLE 227 No. - 7109 of 2019 Petitioner :- Asghar Ali Respondent :- State Of U.P. And Another Counsel for Petitioner :- Anwar Khan,Sachindra Mohan Counsel for Respondent :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
Present petition under Article 227 of Constitution of India has been filed by the petitioner for quashing the order dated 7.5.2019 passed by the Additional Sessions Judge/Fast Track Court, Room No.21, Allahabad in Criminal Appeal No.36 of 2017, under Section 29 of Domestic Violence Act, 2005 as well as order dated 10.8.2010 passed by Additional Chief Judicial Magistrate, Room No.7, Allahabad in Complaint Case No.280 of 2010, whereby the order granting interim maintenance to the extent of Rs.500/- per month was allowed to the wife in a proceeding under Section 12 read with 23 of the Protection of Women from Domestic Violence Act.
In view of the decision of the Full Bench of this Court in Dinesh Kumar Yadav Vs. State of U.P. and another, AIR 2017 Allahabad 29, present petition under Article 227 of Constitution of India is not maintainable. The remedy lies to the petitioner to file criminal revision against the appellate order.
In view of above, present petition is dismissed on the ground of alternative remedy available to the petitioner under Section 397/401, Cr.P.C.
Office is directed to return the certified copies of the impugned order within a week to the learned counsel for the petitioner after retaining its photostat copy on record.
Order Date :- 26.9.2019 T. Sinha