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Judgment
Sunil Gaur, J
CRL.M.A. 2260/2019 (Early hearing)
By way of this application, petitioner seeks early hearing of this petition.
Upon hearing, the application is allowed and the date fixed i.e. of 29th March, 2019 stands cancelled and the hearing of the main petition is advanced
to today.
The application is accordingly disposed of.
CRL.M.C. 512/2017
The challenge in this petition is to impugned order of 22nd December, 2016 which restrains petitioner from approaching the complainant in any manner
by physically being in the presence of the complainant within the distance of 20 meters, or any other place where the complainants are working as the
both parties are said to be residing in the same premises. Quashing of impugned order as well as the complaint under the Protection of Woman from
Domestic Violence Act, 2005 is sought on merits.
Respondent’s counsel informs that the application under Section 12 of the Protection of Woman from Domestic Violence Act, 2005 is pending
before the trial court at the stage of final hearing and the matter is coming up for hearing before the Trial Court today at 2 p.m.
Petitioner’s counsel raises the jurisdictional issue regarding the maintainability of the complaint.
Since the case before the trial court is at the fag end, therefore, this Court is not inclined to exercise its extraordinary inherent jurisdiction under
Section 482 of Cr.P.C. to deal with this petition on merits. It is deemed appropriate to relegate petitioner to the trial court, to raise the pleas taken
herein at the stage of final arguments. Needless to say, the pleas so taken by petitioner including the jurisdiction issue would be dealt with by trial court
in accordance with the law.
Let the trial court take up the case on 7th February, 2019 at 2:00 p.m. for hearing petitioner in the pending complaint.
With the aforesaid directions, this petition is disposed of, while not commenting on merits.
Dasti.