Allahabad High Court
M/S B.R. Enterprises Through Its ... vs State Of U.P. And 2 Others on 16 August, 2023
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:164206 Court No. - 87 Case :- APPLICATION U/S 482 No. - 13537 of 2023 Applicant :- M/S B.R. Enterprises Through Its Proprietor Reetu Jain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sundeep Shukla Counsel for Opposite Party :- G.A.,Atul Tej Kulshrestha,Prateek Kumar,Prateek Kumar Hon'ble Neeraj Tiwari,J.
1. Heard learned learned counsel for the applicant, learned A.G.A. for the State and Sri V. P. Srivastava, learned Senior Counsel, assisted by Sri Atul Tej Kulshrestha, learned counsel for the opposite party No. 3.
2. The present 482 Cr.P.C. application has been filed to quash the impugned order dated 16.04.2022 passed by learned Additional Civil Judge(S.D.) Court No. 7, Meerut in Complaint Case No. 51304 of 2019 and impugned order dated 28.10.2022 passed by learned Additional Session Judge, Court No. 20, Meerut in Criminal Revision No. 238 of 2022.
3. Sri V. P. Srivastava, learned Senior Counsel has raised preliminary objection and submitted that applicant has preferred Criminal Revision No. 238 of 2022 against the order dated 16.04.2022, which was dismissed vider order dated 28.10.2022 on the ground of alternative remedy and not on merits. He next submitted that applicant is having alternative remedy to file appeal against the impugned order dated 16.04.2022 under Section 378 Cr.P.C., therefore, the application may be dismissed on the ground of alternative remedy.
4. Being confronted by the Court, learned counsel for the applicant could not dispute the aforesaid facts.
5. Under such facts and circumstances of the case, application is dismissed with liberty to the applicant to file appeal.
6. Office is directed to return the certified copy of the impugned orders to counsel for applicant after keeping photocopy of the same on record.
Order Date :- 16.8.2023 ADY