Court No. - 44
Case :- APPLICATION U/S 482 No. - 13238 of 2018 Applicant :- Hemendra Kumar @ Deepu Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Hari Mohan Srivastava,Neeraj Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Neeraj Srivastava, learned counsel for the applicant, and the learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the order dated 2.12.2017, passed by the Chief Judicial Magistrate, Kaushambi in Complaint Case No. 4556 of 2016 (Jyoti Sahu Vs. Hemendra) under Sections 23 of Protection of Women from Domestic Violence Act 2005, whereby, the Magistrate has directed the payment of interim maintenance in terms of Section 23 of the aforesaid Act.
Admittedly, against the aforesaid order, the applicant has statutory alternative remedy of filing an appeal as provided under Section 29 of the aforesaid Act. Thus, the present application is dismissed on the ground of availability of alternative remedy.
Certified copy of the impugned order may be returned to the learned counsel for the applicants after obtaining photo copy of the same to be kept on record.
Order Date :- 26.4.2018 Arshad