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2023 Supreme(All) 1008

NEERAJ TIWARI
Ashu Jain – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Shruti Malviya.
For the Opposite Party : G.A., Amit Daga.

JUDGMENT :

1. Heard Ms. Shruti Malviya, learned counsel for the applicant, learned A.G.A. for the State and Sri Amit Daga, learned counsel for the opposite party No. 2.

2. Present application has been filed with following prayer:-

    “The present 482 Cr.P.C. application has been filed to quash the order dated 03.03.2023 passed in Case No. 244/11 of 2015 (Smt. Ashu Jain and others Vs. Shri Ashu Jain) passed by Additional Principal Judge, Family Court, Court No.1, Muzaffar Nagar.”

3. Sri Amit Daga, learned counsel for the opposite party No. 2 has raised preliminary objection and submitted that applicant is having statutory remedy to file revision under Section 19 of Family Courts Act, 1984(hereinafter referred to as, ‘Act, 1984’) read with Section 397 of Code of Criminal Procedure, 1973, (hereinafter, referred to as, ‘Cr.P.C.’), therefore this application under Section 482 Cr.P.C. is not maintainable.

4. Ms. Shruti Malviya, learned counsel for the applicant though not disputed the submission made by learned counsel for the opposite party No. 2, but submitted that though the revision is maintainable against an order of Family Court, but there is no absolute bar. In the present case, applicant

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