Court No. - 72
Case :- APPLICATION U/S 482 No. - 28273 of 2019 Applicant :- Ghanshyam Opposite Party :- State Of Up And Another Counsel for Applicant :- Vinay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 06.08.2015 passed by Additional Chief Judicial Magistrate-I Gorakhpur in Case No. 477 of 2011 (Smt. Sarika Vs. Ghanshyam), under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) and the order dated 24.01.2019 passed by Fifth Addl. Session Judge/Special Judge, Gorakhpur in Criminal Appeal No. 233/2016.
Preliminary objection has been raised by learned AGA that present application under Section 482 Cr.P.C is not maintainable. He placed reliance upon the Full Bench judgment of this Court rendered in the case of Dinesh Kumar Yadav Vs. State of U.P., AIR 2017 ALLAHABAD 29 (FB).
In view of the above, present application is rejected on the ground of availability of alternative remedy to the applicant to approach the court by way of filing revision under Section 397/401 Cr.P.C.
Office is directed to return the certified copy of the impugned order to learned counsel for the applicant after retaining the xerox copy of the same on record.
Order Date :- 26.7.2019 Noman