Haroon Vs State of U.P. and Anr.

Court No. - 72

Case :- APPLICATION U/S 482 No. - 11708 of 2019

Applicant :- Haroon Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.,Nazam Uz Zaman Khan,Nazam Uz Zaman Khan

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Hon'ble Rajiv Joshi,J.

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Heard Sri Sanjay Mishra, learned counsel for the applicant and Sri Nazam Uz Zaman Khan on behalf of the opposite party.

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The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 07.02.2019 passed by learned Vth Additional Sessions Judge, Aligarh by which Criminal Appeal No. 260 of 2017 was dismissed, affirming the impugned judgement and order dated 20.09.2017 passed by learned Additional Chief Judicial Magistrate, Court No. 5, District Aligarh in Case No. 181 of 2015 (Smt. Hena Vs. Haroon and others), under Sections 12, 18, 19, 20, 22 of Protection of Women from Domestic Violence Act, 2005, Police Station Quarsi, District Aligarh.

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A preliminary objection has been raised by the learned counsel for the opposite party no. 2 that the present application under Section 482 Cr.P.C. is not maintainable. He has placed reliance on the Full Bench judgement in Case of Dinesh Kumar Yadav Vs. State of U.P., AIR 2017 ALLAHABAD 29 (FB), in support of his submission.

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Learned counsel for the applicant admits that in view of the above Full Bench judgement, a revision under Section 397/401 would lie, and further prays that he may be permitted to withdraw this application with the liberty to file revision.

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In view of the above, the present application under Section 482 Cr.P.C., is accordingly, dismissed on the ground of alternative remedy available to the applicant.

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Office is directed to return the certified copies of the impugned order to the learned counsel for the applicant within a week after retaining the photostat copy of the same on record.

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Order Date :- 24.7.2019 Shivangi

Haroon v. State of U.P. and Anr.

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Haroon v. State of U.P. and Anr.

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