Court No. - 44
Case :- APPLICATION U/S 482 No. - 29582 of 2018 Applicant :- Baspati Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Bashisth Narain Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. bashisth Narain Pandey, learned counsel for the applicant and the learned A.G.A. for the State.
By means of present application under Section 482 Cr.P.C., the applicant has challenged the order dated 11.07.2018 passed by the Special Judge, SC/ST Act, Basti in Misc. Case No. 46/12 of 2017 (Baspati Vs. Smt. Krishn Kanti and others) whereby the application under Section 153 (3) Cr.P.C. filed by the applicant has been directed to be treated as a complaint and consequently, to be tried as a complaint case.
Admittedly, the order impugned in the present application is revisable in terms of Section 397 Cr.P.C.
In view of the availability of the statutory alternative remedy, the present application under Section 482 Cr.P.C. is not maintainable. It is accordingly dismissed.
Certified copy of the impugned order be returned to the learned counsel for the applicants after obtaining a photostat copy of the same to be kept on record.
Order Date :- 17.9.2018 YK