Mohit Pratap Vs Smt. Babali @ Priya

Neutral Citation No. - 2023:AHC:112630

Court No. - 49

Case :- MATTERS UNDER ARTICLE 227 No. - 2432 of 2023

Petitioner :- Mohit Pratap Respondent :- Smt. Babali @ Priya Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- Atul Kumar Singh

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Hon'ble Rajeev Misra,J.

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Heard Mr. Hitesh Pachori, the learned counsel for petitioner.

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Present petition under Article 227 of the Constitution of India has been filed challenging the order dated 23.02.2022 passed in Complaint Case No. 864 of 2020, under Sections 12, 18, 19, 20, 21 and 22 of Prevention of Domestic Violence for Women Act, 2005, P.S. Tundla, District Firozabad as well as the order dated 01.02.2023 passed by Sessions Judge, Firozabad in Criminal Appeal No. 13 of 2022 (Mohit Pratap and others Vs. Smt. Babli @ Priya and others), whereby aforementioned appeal arising out of the order dated 01.02.2023 has been dismissed.

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At the very outset, the learned A.G.A. has raised a preliminary objection regarding the maintainability of present petition under Article 227 of the Constitution of India. He submits that by virtue of the Full Bench decision of this Court in Dinesh Kumar Yadav Vs. State of U.P., 2016, SCC OnLine All 3848 remedy of applicant is to file criminal revision. As such, present petition is liable to be dismissed on the ground of alternative remedy.

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When confronted with above, the learned counsel for petitioner could not overcome the same.

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As a result, present petition fails and is liable to be dismissed on the ground of alternative remedy.

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It is, accordingly, dismissed on the ground of alternative remedy.

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Certified copy of the impugned orders be returned to the learned counsel for petitioner after obtaining photo copy of the same to be kept on record.

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Order Date :- 22.5.2023/HSM

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Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad

Mohit Pratap v. Smt. Babali @ Priya

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Mohit Pratap v. Smt. Babali @ Priya

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