Court No. - 83
Case :- APPLICATION U/S 482 No. - 13835 of 2021 Applicant :- Raj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Kshitij Tiwari, Advocate, holding brief of Mr. Dhirendra Kumar Srivastava, learned counsel for applicant and learned A.G.A. for State.
This application under section 482 Cr. P. C. has been filed challenging order dated 8.1.2020 passed by Judicial Magistrate IInd, Allahabad in Execution Case No. 131/XII of 2014, under Section 31 of Domestic Violence Act, 2005, whereby warrant recovery has been issued against applicant.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that order impugned in present application is appellable under Section 29 of Act, 2005. Consequently, present application is not maintainable in view of availability of effective and efficacious alternative remedy.
When confronted with above, learned counsel for applicant could not overcome the same.
In view of above, present application is liable to be dismissed on the ground of alternative remedy.
It is, accordingly, dismissed on the ground of alternative remedy.
Certified copy of impugned order shall be returned to learned counsel for applicant after obtaining a photo copy of the same to be kept on record.
Order Date :- 13.8.2021 HSM