Baldev Raj v. State Of Punjab And Another

CRM-M-29776-2022 (O&M) -12023:PHHC:059108

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-29776-2022 (O&M) Date of Decision : 26.04.2023 Baldev Raj ......... Petitioner

Versus

State of Punjab and another ......... 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 is seeking setting aside of order dated 08.11.2019 whereby Appellate Court has dismissed appeal, on the ground of delay, challenging order dated 06.03.2019 whereby JMIC, Amritsar awarded interim maintenance of Rs.15,000/- per month to respondent No.2 in terms of Sections 12 and 23 of Protection of Women from Domestic Violence Act, 2005 (for short "DV Act"). 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, 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 that remedy of revision under Section 397/401 Cr.P.C. is not available against order passed by Appellate Court under ANJU GOEL 2023.04.26 17:21 I attest to the accuracy and integrity of this document

CRM-M-29776-2022 (O&M) -22023:PHHC:059108 Section 29 of DV Act.

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 26.04.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No ANJU GOEL 2023.04.26 17:21 I attest to the accuracy and integrity of this document