Court No. - 44
Case :- APPLICATION U/S 482 No. - 28632 of 2018 Applicant :- Gopal Yadav And 4 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Deepak Kumar Singh, the learned counsel for the applicants and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the judgment and order dated 23rd February, 2018 passed by the Additional Chief Judicial Magistrate, Court No.7, Varanasi in Application (Complaint Case) No. 701 of 2017 (Anju Yadav vs. Gopal Yadav & Others) as well as the judgment and order dated 28th May, 2018 passed by the Additional District and Sessions Judge, Court No. 10, Varanasi in Criminal Appeal No. 43 of 2018 (Gopal Yadav & Others vs. State of U.P. & Another), preferred under Section 29 of the Protection of Women From Domestic Violence Act, 2005.
A 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 clearly held that against an order of the Appellate Court/Authority passed in an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005, a Criminal Revision shall lie before the High Court. Therefore, the present criminal misc. application is not maintainable in view of the availability of an effective and efficacious alternative remedy.
Consequently, this application is, accordingly, dismissed on the ground of alternative remedy. However it shall be open to the applicant to file a Criminal Revision, if so, advised.
Certified copy of the impugned orders may be returned to the learned counsel for the applicants after retaining the photo copies of the same to be kept on record.
(Rajeev Misra, J.) Order Date :- 5.9.2018 Sushil/-