C482/1357/2013 of Gautam Chadha AND ANOTHER Vs State Of Uttarakhand AND ANOTHER on 31 December 2013

C482 No. 1357 of 2013

Mr. Lalit Sharma, Advocate for the applicants.

Mr. Raman Kumar Sah, A.G.A for the State.

By means of this petition moved under section 482 of Code of Criminal Procedure (for short Cr.P.C.), the petitioner has sought quashing of the order dated 30.11.2013 passed by the learned Additional Judicial Magistrate Rishikesh, District Udham Singh Nagar in Criminal Case No. 1236 of 2011 State vs. Gautam Chadha and others under Section 498A, 506 of I.P.C and read with section 3/4 of Dowry Prohibition Act, 1961.

Preliminary objection has been raised by the counsel for the respondent regarding maintainability of this criminal misc. application. He submitted that the applicants have alternative remedy of revision.

Since the applicants have efficacies remedy of revision, the present criminal misc. application is dismissed on the ground of alternative remedy. In case revision is filed, the learned Revisional Court shall consider the delay condonation of the applicants by considering the fact that this criminal misc. application was filed and remained pending before this court.

N.P

(V.K. Bist, J.) 31.12.2013