Court No. - 80

Case :- APPLICATION U/S 482 No. - 13633 of 2022

Applicant :- Manoj Kumar Sharma And 5 Others

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Madan Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Sri Madan Kumar Tiwari, the learned counsel for applicant and the

learned AGA for State.

Perused the record.

Challenge in the present application under Section 482 Cr.P.C. is to the order

dated 4.3.2020 passed by Additional Chief Judicial Magistrate, Court No.6

Aligarh in Complaint Case No.562 of 2017 ( Smt. Pinki alias Pushpanjali vs.

Manoj Kumar Sharma and 5 others) under Section 12, 16, 18, 19, 20, 21, 22 of

Protection of Women from Domestic Violence Act, Police Station Kwarsi,

district Aligarh where by the application for interim maintenance filed by

opposite party no.2 in terms of Section 23 of the aforesaid act has been allowed

as well the order dated 6.4.2022 passed by District and Sessions Judge, Aligarh

in Criminal Appeal No.126 of 2021 (Manoj Kumar vs. State of U.P. and another,

whereby the said criminal appeal has been dismissed.

Learned AGA for the State has raised a preliminary objection and submitted that

present application under Section 482 Cr.P.C. is not maintenable. Remedy of

applicant is to file a criminal revision in view of the law laid down by the Full

Bench of this Court in Dinesh Kumar Yadav vs. State of U.P. and another,

2016 SCC online ALL 3848. As such present application is liable to be

dismissed on the ground of alternative remedy.

When confronted with above, learned counsel for applicant could not overcome

the same.

In view of above, this application fails and is liable to be dismissed on the

ground of alternative remedy.

It is accordingly dismissed on the ground of alternative remedy.

Certified copy of the impugned orders shall be returned to learned counsel for

the applicants after obtaining photo copies of the same to be kept on record.

Order Date :- 11.7.2022

Deepika

Digitally signed by DEEPIKA SINGH

Date: 2022.07.13 14:25:51 IST

Reason:

Location: High Court of Judicature

at Allahabad