Court No. - 72
Case :- APPLICATION U/S 482 No. - 32457 of 2019 Applicant :- Rajendra Shukla Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ranjay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned AGA for the State.
Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 01.08.2018 passed by Sessions Judge, Varanasi in Criminal Appeal No. 101 of 2018, under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) as well as the order dated 20.07.2005 and 14.05.2019 passed by Additional Chief Judicial Magistrate, Court No. 9, Varanasi in Complaint Case No. 476 of 2015 (Smt. Munni Shukla Vs. Rajendra Shukla and others), under Section 12 of the Act.
Learned A.G.A. has raised a preliminary objection regarding maintainability of present petition under section 482,Cr.P.C. on the ground that remedy of revision is available to the applicant against the orders impugned in view of the Full Bench decision of this Court in Dinesh Kumar Yadav Vs. State of U.P., ( AIR 2017 Alld.-29 (F.B.).
Learned counsel for the applicant submits that he may be permitted to file a revision.
The prayer is accepted.
The application is accordingly dismissed on the ground of availability of alternative remedy.
Office to return certified copy of the impugned orders to the counsel for applicant within a week after retaining its xerox copy.
Order Date :- 26.8.2019 Noman