Court No. - 72
Case :- APPLICATION U/S 482 No. - 36343 of 2019 Applicant :- Vikram Jeet Chaurasiya Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kamal Singh Yadav,Achchhey Lal Tiwari 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 02.08.2019 passed by Judicial Magistrate, Court No. 2, Varanasi in Case No. 870 of 2018 (Gayatri Devi Vs. Vikrama Jeet), under Section 23 of Domestic Violence Act, 2005 (hereinafter referred to as the Act), Police Station- Chetganj, District- Varanasi.
Since, the order impugned in the present application is appealable under Section 29 of the Act, the appropriate remedy available to the applicant is to file appeal before the District/Sessions Judge.
In view of the above, present application is rejected on the ground of availability of alternative statutory remedy to the applicant.
Office is directed to return the certified copy of the impugned order to learned counsel for the applicant after retaining the xerox copy of the same on record.
Order Date :- 30.9.2019 Shivangi