Court No. - 72
Case :- APPLICATION U/S 482 No. - 36291 of 2019 Applicant :- Sandeep Gupta And 5 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Chandra Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Girish Chandra Maurya, learned counsel for the applicants and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed by the applicants for quashing the order dated 6.7.2019 passed by the Incharge Sessions Judge/Additional District Judge-I, Kanpur Nagar in Criminal Appeal No.108 of 2019, under Section 29 of Protection of Women from Domestic Violence Act, 2005 as well as order dated 15.3.2019 passed by Additional Chief Metropolitan Magistrate, Court No.3, Kanpur Nagar in Complaint Case No.6238 of 2014, whereby the order granting interim maintenance to the extent of Rs.5,000/- per month was allowed to the wife in a proceeding under Section 12 read with 23 of the Protection of Women from Domestic Violence Act.
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 applicants 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 applicants after retaining its photostat copy on record.
Order Date :- 30.9.2019 T. Sinha