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High Court of Punjab and HaryanaCRM-M/15799/2023disposed of

Onkar Singh v. State Of Punjab And Others

2023-05-08Mr. Justice Jagmohan Bansal2 pages

CRM-M-15799-2023 -12023:PHHC:065332

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-15799-2023 Date of Decision : 08.05.2023 Onkar Singh ......... Petitioner

Versus

State of Punjab and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. Amit Arora, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) 1.

The petitioner, through the instant petition under Section 407 read with Section 482 Cr.P.C., is seeking transfer of petition bearing No. COMA/1080/2022 dated 1.9.2022, titled as "Charanjit Kaur vs. Onkar Singh and others" under Sections 12, 18 to 23 of the Protection of Women From Domestic Violence Act, 2005, pending in the Court of Judicial Magistrate, Amritsar to any Court of competent jurisdiction in District Tarn Taran.

2.

This Court in Jaspal Kaur alias Pinki and others vs. State of Punjab and another, CRM-M- 19553 of 2023 decided on 24.04.2023, relying upon judgments of Hon'ble Supreme Court in Kamatchi vs. Lakshmi Narayan 2022 SCC online SC 446 and Kunappareddy vs. Kunappareddy Swarna Kumari (2016) 11 SCC 774 and Full Bench of Madras High Court in Arul Daniel and others vs. Suganya 2022 SCC online Mad 5435 has held:

i) Proceedings under Section 12 of DV Act are civil ANJU GOEL 2023.05.08 17:22 I attest to the accuracy and integrity of this document

CRM-M-15799-2023 -22023:PHHC:065332 in nature;

ii) An aggrieved person has right to move an application before Magistrate seeking recalling of notice issued under Section 13 of DV Act or deletion of his/her name from the array of respondents;

iii) Petition under Section 482 Cr.P.C. is not maintainable against petition under Section 12 or notice under Section 13 of DV Act;

iv) An order passed by Magistrate is an appealable order under Section 29 of DV Act;

v) No revision under Cr.P.C. is maintainable against order passed by Sessions Court as Appellate Court. 3.

In view of order dated 24.4.2023 passed by this Court in CRM-M19553 of 2023, present petition is not maintainable and accordingly disposed of with liberty to the petitioner to avail remedy as permissible by law.

4.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 08.05.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.05.08 17:22 I attest to the accuracy and integrity of this document