Court No. - 44
Case :- APPLICATION U/S 482 No. - 18625 of 2018 Applicant :- Neeraj Gambheer And 2 Others Opposite Party :- State Of Up And Another Counsel for Applicant :- Madhusudan Dikshit Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Atul Kumar, Advocate, holding brief of Mr. Madhusudan Dikshit, 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 order dated 21.2.2018, passed by the appellate Court i.e. Additional Sessions Judge/Special Judge, Court No. 3 Varanasi in Criminal Case No. 214 of 2015 (Neeraj Gambhir and others Vs. State of U.P. and another), as well as the order dated 25.8.2015 passed by the Additional Chief Judicial Magistrate, Varanasi in Complaint Case NO. 1237 of 2017 (Priya Gambheer Vs. Neeraj Gambheer and others) under Section 12 of Protection of Women from Domestic Violence Act, 2005 P.S. Sigra, District Varanasi.
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 such an order can be challenged by filing a criminal revision.
In view of the aforesaid legal position, the present application is not maintainable. Accordingly, the same 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 :- 28.5.2018 Arshad