In this application challenging a summoning order under the Protection of Women from Domestic Violence Act, the court dismissed the plea on the ground of alternative remedy available under section 29 of the Act.
Application dismissed on the ground of alternative remedy.
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Court No. - 80
Case :- APPLICATION U/S 482 No. - 7239 of 2022
Applicant :- Ajay Kumar Garg And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Raj Kumar Kesari, the learned counsel for applicants and the learned A.G.A. for State.
Perused the record.
This application under section 482 Cr.P.C. has been filed challenging summoning order dated 25.11.2021 passed by Civil Judge (Junior Division), FTC-II, Hapur in Complaint Case No.809 of 2021 (Ayushi vs. Vaibhav and Others), under section 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Hapur Nagar, District- Hapur.
At the very outset, learned A.G.A. has raised a preliminary objection by submitting that applicants have alternative remedy by way of an appeal as provided under section 29 of aforementioned Act. He therefore submits that present application is liable to be dismissed on the ground of alternative remedy.
When confronted with above, learned counsel for applicants could not overcome the same.
In view of above, present application fails and is liable to be dismissed on the ground of alternative remedy.
It is accordingly dismissed on the ground of alternative remedy.
Order Date :- 19.7.2022 Saif
Digitally signed by SHAIKH SAIF ABDIN Date: 2022.07.20 12:02:46 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present application under section 482 Cr.P.C. is maintainable in view of the availability of alternative remedy under section 29 of the Protection of Women from Domestic Violence Act, 2005
2 provisions across 2 enactments
Ajay Kumar Garg and 3 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
