Court No. - 44
Case :- APPLICATION U/S 482 No. - 14338 of 2018 Applicant :- Dileep Pandey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Paritosh Kumar Malviya Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Paritosh Kumar Malviya, learned counsel for the applicant and the learned A.G.A. for the State.
By means of this application under Section 482 Cr.P.C., the applicant has challenged the order dated 15.03.2018 passed by the Additional Sessions Judge, Gorakhpur in Criminal Appeal No. 107 of 2017 (Dilip Pandey Vs. State of U.P. and another) whereby the aforesaid appeal filed by the applicant challenging the order dated 15.07.2017 passed by the Additional Chief Judicial Magistrate-1st, Gorakhpur in Complaint Case No.1584 of 2016 (Anita Devi Vs. Dilip Pandey and others) under Section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station-Kotwali, District-Gorkahpur has been dismissed.
The Full Bench of this Court in the case of Dinesh Kumar Yadav Vs. State of U.P. and another reported in 2016 (11) ADJ 29 has held that an order passed under the provisions of Protection of Women from Domestic Violence Act, 2005 is revisable and therefore, the order impugned in the present application can be challenged by filing a criminal revision before the High Court. As such, the applicant has an alternative remedy of filing a criminal revision before this Court.
Consequently, the present application is dismissed on the ground of availability of alternative remedy.
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 :- 27.4.2018 YK