High CourtsDivision Bench(2016) 02 KAR CK 0318

Roshni Mathan Pereira vs Agnes Flora Mathan and Others

Karnataka High Court · Decided on 23 February 2016 · Citation: (2016) 2 AirKarR 548 : (2016) CriLJ 2522 : (2016) 3 KCCR 215

HON’BLE JUDGES
Subhro Kamalmukherjee, Actg. C. J. · Ravi Malimath, J.
RESULT
Dismissed
CASE NUMBER
WA No. 1390 of 2014 (GM-RES).

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Judgment

9 paragraphs · 295 words

Subhro Kamalmukherjee, Actg. C. J. - The writ appeal is barred by limitation. This writ appeal is against the judgment and order dated March 6, 2014, passed by the Hon''ble single Judge, in Writ Petition No. 15906 of 2013.

2.

The writ petition was filed challenging the order dated January 23, 2013, passed on an application filed by the writ petitioner-appellant under Sections 18, 19 and 20 of the Protection of Women from Domestic Violence Act, 2005.

3.

A case was registered in the Court of learned First Metropolitan Magistrate Traffic Court, Bengaluru, as Criminal Miscellaneous No. 355 of 2012.

4.

The aggrieved appellant approached this Court under Section 482 of the Code of Criminal Procedure, 1973, read with Article 227 of the Constitution of India. The Hon''ble Single Judge dismissed the writ petition. Hence, the present writ appeal.

5.

In view of the pronouncement of Full Bench of this Court in the case of Tammanna and others v. Miss Renuka and others, reported in ILR 2009 Karnataka 1207, we are of the considered opinion that no appeal would lie under Section 4 of the Karnataka High Court Act against the order of the Hon''ble single Judge passed in exercise of the power conferred under Section 482 of the Code of Criminal Procedure, 1973, or under Article 227 of the Constitution of India in the matter arising out of the order made deciding an issue by the Court subornite to the High Court.

6.

As the writ appeal is not maintainable, we are dismissing the application for condonation of delay.

7.

Consequently, the writ appeal is, also, dimissed.

8.

However, we record that we have not gone into the claim and the counter claim of the parties.

9.

We make no order as to costs.