The High Court dismissed an application under Section 482 CPC as not maintainable because the applicant chose to challenge a Domestic Violence Act order via appeal, which was available as a statutory remedy.
Application dismissed as not maintainable with liberty to file an appeal.
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Court No. - 72
Case :- APPLICATION U/S 482 No. - 42339 of 2022
Applicant :- Mohsin Opposite Party :- State Of U.P And 2 Others Counsel for Applicant :- Anubhav Pandey,Aftab Ahamad Counsel for Opposite Party :- G.A.,Zainul Abdin
Hon'ble Umesh Chandra Sharma,J.
By this application the order passed under Section 12 of Domestic Violence Act by the Judicial Magistrate, Thakurdwara, Moradabad has been challenged against which there is provision to file an appeal. Hence, this application under Section 482 is not maintainable.
Accordingly, this application is dismissed as not maintainable with liberty to file an appeal before the competent court.
Order Date :- 2.2.2023 Shahroz
Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 of the Code of Criminal Procedure is maintainable to challenge an order passed under Section 12 of the Domestic Violence Act, which is appealable.
Whether the in-situ remedy of appeal bars the exercise of inherent power to quash subordinate orders.
Mohsin
State Of U.P
Umesh Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
