Krishna Dutt Shukla and 3 Others Vs State of U.P. and Another

Court No. - 66

Case :- APPLICATION U/S 482 No. - 37951 of 2022

Applicant :- Krishna Dutt Shukla And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. Manvendra Singh, the learned counsel for applicants and the learned A.G.A. for State.

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Perused the record.

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Challenge in this application under Section 482 Cr.P.C. is to the Summoning Order dated 06.03.2021 passed by Civil Judge (J.d.)/F.T.C. (CAW), Fatehpur in Case No. 210 of 2021 (Kalpna Shukla Vs. Krishna Dutt Shukla and Others) under Section 12, Protection of Women from Domestic Violence Act, Police Station-Ghazipur, District-Fatehpur as well as the entire proceedings of aforementioned case.

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At the very outset, the learned A.G.A has raised a preliminary objection by submitting that present application is not maintainable on account of availability of alternative remedy. Aagainst the impugned summoning order dated 06.03.2021, remedy lies to applicant by way of an appeal as provided under Section 29 of the Protection of Women from Domestic Violence Act. Since applicants have all effective and efficacious alternative remedy, therefore, present application under Section 482 Cr.P.c. is not maintainable. Same is liable to be dismissed on the ground of alternative remedy.

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When confronted with above, the learned counsel for applicants could not over come the same.

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Consequently, present application 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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Order Date :- 27.1.2023 Vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Krishna Dutt Shukla and 3 Others v. State of U.P. and Another

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Krishna Dutt Shukla and 3 Others v. State of U.P. and Another

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