Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 111141 (ALL)

ANKIT RATHORE v. STATE OF U.P. AND ANOTHER

A482/43155/2024 · 2025-04-22

Vikas Budhwar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:60981 Court No. - 73 Case :- APPLICATION U/S 482 No. - 43155 of 2024 Applicant :- Ankit Rathore Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hanuman Prasad Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Hanuman Prasad Kushwaha, learned counsel for the applicant as well as Sri Moti Lal, learned AGA, who appears for the State and Sri Sanjay Agarwal, learned counsel for the opposite party no.2. 2. This application under Section 482 of the Cr.P.C. has been filed by the applicant to quash the order dated 28.8.2024 passed by Civil Judge, Senior Divisoin (F.T.C.) in Lalitpur in Case No.378 of 2023, Smt. Ruchi vs. Ankit Rathore and others, under Section 12 of the Protection of Women From Domestic Violence Act, 2005, Police Station Kotwali, District Lalitpur. 3. Learned counsel for the opposite party no.2 at the very outset raised a preliminary objection regarding maintainability of the present application on the ground that there happens to be an alternate efficacious remedy of preferring appeal against the order passed under Section 12 of the D.V. Act granting interim maintenance by way of filing an appeal under Section 29 of the D.V. Act . 4. Looking into the facts and circumstances of the case that the remedy lies under the statute, thus this Court is not interfering in the present proceeding. 5. The application stands disposed of granting liberty to the applicant to prefer an appeal under Section 29 of the D.V. Act. Order Date :- 23.4.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad