The High Court held that an application filed under Section 482 CrPC against an order of the Family Court was not maintainable where an appeal lay under Section 19(4) of the Family Courts Act, dismissing the petition.
Application dismissed as not maintainable with liberty to take alternative remedy.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 359 of 2018
Applicant :- Rohit Kumar Singh Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Dinesh Kumar Shukla,Avinash Kumar Srivastava
Counsel for Opposite Party :- Govt. Advocate,Nishant Srivastava,Pankaj Verma,Vivek Kumar Singh
Hon'ble Karunesh Singh Pawar,J.
Present petition has been filed under Section 482 CrPC assailing order dated 27.10.2017 passed by the Principal Judge, Family Court, Gonda in Case No.760 of 2016 Smt. Kunchan Singh versus Rohit Kumar Singh.
Heard learned counsel for the petitioner and learned A.G.A. who has raised a preliminary objection regarding maintainability of the petition filed under section 482 CrPC and has submitted that against the impugned order, appeal lies under section 19(4) of the Family Courts Act and therefore, the petition under section 482 CrPC is not maintainable in view of statutory remedy of appeal.
At this stage, learned counsel for the petitioner submits that he may be permitted to file appeal as per law.
In view of the above, the petition is dismissed as not maintainable, with liberty to the petitioner to take recourse to alternative remedy available under law.
Order Date :- 5.1.2022 kkb/
2 provisions across 2 enactments
Rohit Kumar Singh
State Of U.P. And Anr.
Karunesh Singh Pawar
As recorded by the court registry
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