Court No. - 72

Case :- MATTERS UNDER ARTICLE 227 No. - 6108 of 2019

Petitioner :- Rachit Singh Kushwaha

Respondent :- State Of U.P. And Another

Counsel for Petitioner :- Rahul Singh,Markanday Singh

Counsel for Respondent :- G.A.

Hon'ble Rajiv Joshi,J.

Heard learned counsel for the petitioner and learned AGA for

the State.

The present petition under Article 227 of the Constitution has

been filed challenging the order dated 16.7.2019 passed by

Additional Sessions Judge, Court No. 6/Special Judge

Corruption of Prevention (UPSEB) Bareily in Criminal Appeal

No. 34 of 2019 (Rachit Singh Kushwaha Vs. State of U.P. &

Anr.) as well as order dated 12.8.2016 passed by Additional

Chief Judicial Magistrate, Court No.3, Bareilly in Complaint

Case No. 192 of 2015 under Section 12 of the Protection of

Women from Domestic Violance Act 2005 (hereinafter referred

to as the Act).

Preliminary objection has been raised by learned AGA that this

petition under Article 227 of the Constitution is not

maintainable.

In support of his contention, learned AGA has placed reliance

upon the judgment passed by this Court in the case of Dinesh

Kumar Yadav Vs. State of U.P., AIR 2017 ALLAHABAD 29

(FB), whereby it was held that revision would lie against the

appellate order.

In view of the above, the present petition under Article 227 of

the Constitution is dismissed on the ground of alternative

remedy available to him to file Criminal Revision under Section

397/401 of Cr.P.C.

Office is directed to return the certified copy of the impugned

orders within a week to learned counsel for the petitioner after

retaining xerox copy of the same on record.

Order Date :- 13.8.2019

Akbar