Court No. - 48
Case :- APPLICATION U/S 482 No. - 11875 of 2017 Applicant :- Pradeep Kumar And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shashi Kant Pandey Counsel for Opposite Party :- G.A.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the applicant and the learned A.G.A.
Learned A.G.A. has raised a preliminary objection as to the maintainability of this application on the ground that against the impugned order dated 4.10.2016 in complaint case no.5647 of 2014 (Smt. Sudha Vs. Pradeep and others) under Section 23 of the Protection of women from Domestic Violence Act, 2005, passed by the learned A.C.J.M., Court No.3, Moradabad, the applicant has a right of appeal under Section 29 of the Act and as such this application is liable to be dismissed on the ground of alternative remedy.
In view of the aforesaid, this application is dismissed on the ground of alternative remedy leaving it open to the applicant to file an appeal against the impugned order. Certified copy of the impugned order dated 27.1.2017 shall be returned to the learned counsel for the applicants after retaining a photostat copy thereof in the records.
Order Date :- 19.4.2017/vkg