Court No. - 44
Case :- APPLICATION U/S 482 No. - 25398 of 2018 Applicant :- Jitendra Chaudhary Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Sri Syed Ali Imam, learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed challenging the orders dated 9th August, 2016 and dated 10th October, 2017 passed by the learned Additional Chief Judicial Magistrate, Court No. 5, Moradabad in Case No. 419/09/2016 (Computer Case No. 1154 of 2016) under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act, 2005"), wherein interim protection has been granted to the opposite party no.2 in terms of Section 23 of Act, 2005.
Admittedly, the impugned orders are appealable in terms of the provisions of Section 29 of the Act, 2005.
Since the applicant has statutory alternative remedy available against the impugned orders, no occasion arises before this Court to entertain the present application.
The present application is dismissed on the ground of statutory alternative remedy.
(Rajeev Misra, J.) Order Date :- 30.7.2018 Sushil/-