Sarvesh Kumar Mishra vs Smt. Archana
2023 Latest Caselaw 15861 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:109750
 
Court No. - 70
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 3297 of 2023
 

 
Petitioner :- Sarvesh Kumar Mishra
 
Respondent :- Smt. Archana
 
Counsel for Petitioner :- Shrawan Dwivedi,Kaushal Kishore Mani Tripathi
 

 
Hon'ble Shekhar Kumar Yadav,J.

1. Heard learned counsel for the applicant and learned AGA for the State.

2. This petition has been filed to issue a writ, order or direction in the nature of certiorary to quash and set aside the determination of compensation amount for harassment of mental and physical vide order dated 30.11.20218 passed by Additional Chief Metropolitan Magistrate, Court No.7, Kanpur Nagar in Complaint Case No.2985 of 2015 and judgment and order dated 27.05.2022 passed by Additional District Judge, Kanpur Nagar in Appeal No.10 of 2019.

3. At the very outset, Mr. R.P. Mishra, learned AGA has raised a preliminary objection and has submitted that against the order impugned, the petitioner has an alternative remedy of filing appeal under Section 29 of Protection of Women from Domestic Violence Act, 2005.

4. Learned counsel for the petitioner could not dispute the aforesaid facts but has submitted that some liberty may be granted to the petitioner to file the appeal before the court below.

5. In view of the aforesaid, the present petition is dismissed on the ground of alternative remedy.

6. However, it is provided that in case the petitioner approaches the court below by filing appeal, the court below shall decide the appeal expeditiously in accordance with law.

Order Date :- 19.5.2023

Ajeet