Court No. - 72
Case :- APPLICATION U/S 482 No. - 35951 of 2019 Applicant :- Pushkar Raj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Syed Irfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Syed Irfan Ali, learned counsel for the applicant and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for setting aside the order dated 15.5.2019 as well as order dated 9.11.2017 in Complaint Case No.526 of 2016, under Section 12, 18, 19, 20, 22 of the Protection of Women from Domestic Violence Act, 2005, P.S. Sasnigate, District Aligarh, pending before the Chief Judicial Magistrate 2 Aligarh.
The contention of the learned counsel for the applicant is that the order impugned has been passed without issuing any notice to the applicant and the order is exparte one, whereby a sum of Rs.5,000/- was directed to be paid to the wife and Rs.2,000/- to his son and further Rs.50,000/- was directed to be deposited towards medical expenses.
Statutory appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 shall lie against the order impugned.
Present application stands dismissed on the ground of alternative remedy available to the applicant.
Appellate authority is directed to consider all the grounds, as raised by the applicant, in case he files the appeal.
Office is directed to return the certified copy of the impugned order to the learned counsel for the applicant within a week after retaining its photostat copy on record.
Order Date :- 26.9.2019 T. Sinha