Court No. - 72
Case :- APPLICATION U/S 482 No. - 28753 of 2019 Applicant :- Pramod Sonkar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Arvind Singh,Gauri Shankar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Gauri Shankar Yadav, learned counsel for the applicant and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed by the applicant for quashing the order dated 19.7.2018 passed by the Additional District and Session Judge, Court No.10, Varanasi in Criminal Appeal No.258 of 2017, under Section 29 of the Protection of Women from Domestic Violence Act, 2005, whereby the appeal was dismissed as well as order dated 13.10.2017 passed by Additional Chief Judicial Magistrate, Court No.10, Varanasi in Complaint Case No.1688 of 2015, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 directing the applicant to pay maintenance to the extent of Rs.3,000/- to the wife.
In view of the decision of the Full Bench of this Court in Dinesh Kumar Yadav Vs. State of U.P. and another, AIR 2017 Allahabad 29, present application under Section 482, Cr.P.C. is not maintainable. The remedy lies to the applicant to file criminal revision against the appellate order.
In view of above, present application is dismissed on the ground of alternative remedy available to the applicant under Section 397/401, Cr.P.C.
Office is directed to return the certified copies of the impugned order within a week to the learned counsel for the applicant after retaining its photostat copy on record.
Order Date :- 25.7.2019 T. Sinha