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High Court of Punjab and HaryanaCRM-M/27426/2023dismissed

Ankit Thakur v. Shruti Saini

2023-05-29Mr. Justice Jagmohan Bansal2 pages

In the High Court of Punjab and Haryana at Chandigarh  

CRM-M-27426 of 2023 Date of Decision: 29.05.2023 Ankit Thakur ---Petitioner versus Shruti Saini ---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Aman Sharma, Advocate for the petitioner **** JAGMOHAN BANSAL, J. (ORAL) 1.

The petitioner, through the instant petition under Section 407 Cr.P.C. read with Section 482 Cr.P.C. is seeking transfer of application bearing No. COMA 33 of 2023 titled as "Shruti Saini vs. Ankit Thakur and others" filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 which is pending in the Court of Judicial magistrate Ist Class, Hoshiarpur to any Court of competent jurisdiction at Chandigarh.

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 PARAMJIT KAUR SAINI 2023.05.29 15:07 I attest to the accuracy and authenticity of this order/judgment

 

CRM-M-27426 of 2023 -2vs. Suganya 2022 SCC online Mad 5435 has held: i) Proceedings under Section 12 of DV Act are civil 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-M-19553 of 2023, present petition is not maintainable. 4.

In view of the above, learned counsel for the petitioner seeks permission to withdraw the instant petition with liberty to the petitioner to avail remedy as permissible by law. 5.

Disposed of with liberty as aforesaid.

( JAGMOHAN BANSAL ) JUDGE 29.05.2023 paramjit Whether speaking/reasoned : Yes Whether reportable : Yes/No PARAMJIT KAUR SAINI 2023.05.29 15:07 I attest to the accuracy and authenticity of this order/judgment