The Allahabad High Court dismissed an application under Section 482 Cr.P.C. challenging a J.Magistrate's order. The Court held that since the impugned order was final, the applicant had an effective alternative remedy under Sections 397/401 Cr.P.C. and the application was not maintainable.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 34020 of 2022
Applicant :- Mohd. Aneesh And 5 Others Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Sushil Shukla,Aditya Prakash Singh,Kuldeep Singh Chauhan Counsel for Opposite Party :- G.A.,A.S.G.I.,Manjari Singh
Hon'ble Rajeev Misra,J.
efficacious alternative remedy. As such, present application is not maintainable on the ground of alternative remedy.
Order Date :- 12.1.2023 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether an application under Section 482 Cr.P.C. is maintainable when there is an effective alternative remedy under Sections 397/401 Cr.P.C. for challenging a final order.
Mohd. Aneesh And 5 Others
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
