Dhanraj S/O Nathuji Khamatkar v. Sau. Rajashri W/O Jayesh Mogre And Others

1002apl5.15 1/2 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.5 OF 2015.

Dhanraj Nathuji Khamatkar ..vs.. Sau.Rajashri Jayesh Mogre and ors. ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr.A.V.Muley, Adv. for the applicant.

CORAM : A.B.CHAUDHARI AND P.N.DESHMUKH, JJ.

DATED : FEBRUARY 10, 2015.

Heard learned counsel for the applicant.

Following is the prayer made in Prayer Clause (a) of the application.

"quash proceeding under Sections 12, 19, 20, 21, 22 and 23 of Protection of Women from Domestic Violence Act, 2005 registered as Criminal Case No.3366/2014 (Annexure 'I') pending before 14th Judicial Magistrate First Class, Nagpur."

We find that a Criminal Case No.3366 of 2014 filed by the complainant/wife which is pending before the Magistrate stood registered under the provisions of Protection of Women from Domestic Violence Act, 2005. Obviously, the learned Magistrate

1002apl5.15 2/2 took cognizance and issued process. The order issuing process is amenable to the jurisdiction of the Sessions Court first. That being so, we relegate the petitioner to the remedy available under law. Hence, the Criminal Application No.5 of 2015 stands disposed of.

JUDGE JUDGE chute