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2025 DAILYLAW 168712 (ALL)

Ajeet Kumar Jain @ Ajit Kumar Jain and 7 Others v. State of U.P. and 4 others

A482/10194/2024 · 2025-01-02

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:96 Court No. - 16 Case :- APPLICATION U/S 482 No. - 10194 of 2024 Applicant :- Ajeet Kumar Jain @ Ajit Kumar Jain And 7 Others Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Satish Kumar Misra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The petition has been filed under Section 482 CrPC for quashing impugned proceedings of Crl. Misc. Case Crime No.5728 of 2022 under section 12 of Domestic Violence Act, P.S. Mahanagar Police Commissionerate, Lucknow pending before the ACJM, CBI (Ayodhya Prakaran), Lucknow. 2.Heard learned counsel for the petitioners and learned A.G.A. for the State. 3.Learned Addl. Government Advocate submits that the applicants appear to be aggrieved of the order 12.2.2024 passed under section 12 of the Domestic Violence Act, against which the applicants have statutory remedy of appeal under section 29 of the said Act. It is thus prayed that the present petition under section 482 CrPC is not maintainable. 4.A perusal of section 29 of Domestic Violence Act shows that the aggrieved person can file an appeal before the Court of Sessions against order passed under section 12 of the Act. Learned counsel for the applicants could not point out any grave error in passing the impugned order by the learned Court below so as to invoke extraordinary jurisdiction under section 482 CrPC. 5.The petition is accordingly dismissed on the ground of availability of alternative remedy of appeal. Order Date :- 2.1.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench