- (1.) This application under Section 482 Cr.P.C. has been filed to set-aside the order dated 2.12.2015 passed by the learned Addl. Chief Judicial Magistrate-VII, Meerut whereby the application filed by the applicant under section 19 (d) of the Protection of Women from Domestic Violence Act, 2005 has been rejected. Further prayer has been made to direct the court below to decide the aforesaid application of the applicant afresh.
(2.) Heard Sri Vijay Prakash and Sri Ajay Kumar, learned counsel for the applicant and learned A.G.A. for the State.
(3.) It was submitted by the learned counsel for the applicant that order passed by the Magistrate concerned rejecting the prayer for interim relief i.e. for restraining the opposite party no.2 from alienating the shared house is illegal. There was no need to record the evidence for disposal of the application. Though there is specific provision provided under section 29 of the Protection of Women from Domestic Violence Act (In short 'the Act') to file an appeal, but the order under challenge does not come within the purview of Section 29 of the Act. Learned counsel for the applicant, at this stage, has referred to the decision of this Court passed in the case of Ranvijay Singh Vs. State of U.P. & Others reported in Laws (ALL)- 2015 - 8 - 237. It was further argued that if for the sake of argument, order under challenge be deemed to be appealable, then also application under section 482 Cr.P.C. cannot be dismissed on the ground of alternative remedy. To substantiate the arguments, learned counsel for the applicant has referred to the law laid down by the Hon'ble Apex Court in the case of Dhariwal Tobaco Products Ltd. Vs. State of Maharashtra reported in Laws (SC) - 2008 - 12 - 72.;