Shah Alam v. State of U.P.And 8 Others

Court No. - 90 Case :- APPLICATION U/S 482 No. - 21428 of 2023 Applicant :- Shah Alam Opposite Party :- State Of U.P.And 8 Others Counsel for Applicant :- Rajesh Kumar Gautam Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The present applicant has invoked the inherent power of this Court under Section 482 CrPC assailing the order dated

14.10.2019 passed by Principal Judge, Family Court, Azamgarh in Case No. 70 of 2018 (Asma Khatoon and others Vs. Shah Alam), under Section 125 CrPC, Police Station Sarai Meer, District Azamgarh and consequential proceeding for recovery of the amount.

¶3Learned AGA has raised preliminary objections with respect to the maintainability of instant application filed under Section 482 CrPC on the ground of availability of alternative remedy to approach before the court concerned under Section 126 CrPC.

¶4This Court finds substance in the submission raised by the learned AGA. Accordingly, instant application is dismissed on the ground of availability of alternative remedy to approach before the court concerned under any prescribed provisions, as advised. Order Date :- 18.10.2023 vinay High Court of Judicature at Allahabad