The High Court disposed of a Section 482 Cr.P.C. application filed against an order passed under Section 128 Cr.P.C. by the Family Court. The Court held the application premature as appropriate remedies were provided under the law, and accordingly rejected the petition.
The application u/s 482 Cr.P.C. was rejected as premature.
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Court No. - 67
Case :- APPLICATION U/S 482 No. - 1803 of 2023
Applicant :- Aasif Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kanjaanan Pyare Singh Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Sri K.P.Singh, learned counsel for the applicant and learned AGA for the State.
By means of the present application, the applicant is assailing the legality and validity of the order dated 01.04.2022 passed by Principal Judge, Family Court, Baghpat in case no. 129 of 2022 under Section 128 Cr.P.C..
The appropriate remedy has already been provided under the law and if so chooses, the applicant may invoke the remedy as available to him.
With this observation, the present 482 Cr.P.C. application is premature and accordingly rejected.
Order Date :- 30.1.2023 Abhishek Sri.
Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant's challenge to the Family Court order under Section 128 is legally maintainable under Section 482.
Whether the present application is premature given the availability of appropriate remedies under the law.
2 provisions across 1 enactments
Aasif
State Of U.P.
Rahul Chaturvedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
