Rahul Bhargava v. Divya Sharma & ANR

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1354/2018 & Crl.M.A. 4931/2018 RAHUL BHARGAVA ..... Petitioner Through:

Mr. Deepak Bhargava, Attorney of petitioner versus DIVYA SHARMA & ANR .....Respondents Through:

Mr. Aman Hingorani and Mr.

Himanshu Yadav, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 09.01.2019 Attorney of petitioner chooses to argue in person and questions impugned order of 5th December, 2017 (Annexure P-1) on the territorial jurisdictional aspect.

Impugned order of 5th December, 2017 directs issuance of notice of the application under Section 125 of Cr.P.C. to petitioner. It is submitted on behalf of petitioner that reply to the application under Section 125 of Cr.P.C. has been already filed.

It is brought to notice of this Court that in a proceeding between the parties under the Protection of Women from Domestic Violence Act, 2005, Supreme Court vide order of 16th May, 2018 (Annexure-R1/3) has permitted petitioner to raise the pleas, including the plea of territorial jurisdiction, before the trial court after the evidence is led by the parties. In light of aforesaid order of Supreme Court, it is deemed appropriate to dispose of this petition with permission to petitioner to raise the plea of CRL.M.C. 1354/2018

territorial jurisdiction before the trial court after the evidence is led by the parties.

With aforesaid directions, this petition and the application are accordingly disposed of.

(SUNIL GAUR) JUDGE JANUARY 09, 2019 s CRL.M.C. 1354/2018