JITENDRA KUMAR LAKHMANI Vs. STATE OF U.P.

JUDGEMENT

(1.) By means of the instant appeal filed under Sec. 380 of Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier Sec. 341 of the Criminal Procedure Code, 1973 in short 'Code, 1973'), the appellant seeks to challenge the order dtd. 24/7/2024 passed by learned Family Court whereby the application filed by the appellant under Sec. 340 of the Code, 1973 has been rejected.

(2.) A preliminary objection has been taken by Sri Piyush Kumar Singh, learned AGA appearing on behalf of respondent no.1, that considering the provisions of Sec. 19 of the Family Court Act, 1984 (hereinafter referred to as the 'Act, 1984'), the appellant will have to file an appeal under the provisions of the Act, 1984 itself and instant appeal would not be maintainable.

(3.) Learned AGA argues that Sec. 19 of the Act, 1984 clearly provides for filing of an appeal and as such the instant appeal filed under the provisions of the Code, 1973 would not be maintainable.