Court No. - 44
Case :- APPLICATION U/S 482 No. - 25231 of 2018 Applicant :- Piyush Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rajeev Sharma, 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 ex-parte impugned order dated 13.09.2017 passed by the Additional Civil Judge (J.D.) Court No. 4, Agra, in Complaint Case No. 2964 of 2016 (Smt. Nidhi Sharma Vs. Piyush Shukla wrongly mentioned as Piyush Sharma and others), under section 12 of the Protection of Women From Domestic Violence Act, P.S. Hari Parvat, District Agra.
Admittedly, against the order impugned in the present application, the applicant has remedy of filing an appeal as provided under section 29 of the Act. Therefore, the applicant has an statutory remedy against the order impugned in the present application.
In view of the fact as noted herein above, no occasion arises before this Court to entertain this application.
The application is dismissed on the ground of alternative remedy.
Certified copy of the order be returned to the learned counsel for the applicant after obtaining a copy of the same to be kept on record.
Order Date :- 27.7.2018 HSM