Gujarat High Court
Narendrasinh Padmsinh Bhati & 6 vs State Of Gujarat & on 8 December, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
R/SCR.A/7256/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION (MAINTAINANCE) NO. 7256 of 2015
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NARENDRASINH PADMSINH BHATI & 6....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR JAYESH A KOTECHA, ADVOCATE for the Applicant(s) No. 1 - 7
MR HK PATEL, ADD. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 08/12/2015
ORAL ORDER
1. The petitioners are the respondents in the proceedings being Criminal Misc. Application No. 90 of 2015 filed by the respondent No.2 before the court of learned Chief Judicial Magistrate, Mehsana, under the Protection of Women from Domestic Violence Act, 2005.
2. This petition is filed under Article 226 of the Constitution for quashing of the said proceedings.
3. It is the case of the petitioners inter alia that after the marriage of the petitioner No.1 with the respondent No.2 was solemnised on 06.02.2003, the respondent No.2 left the matrimonial home in 2009. She did not return back to her matrimonial home. It is stated that presently also respondent No.2 stays with her parents. In May, 2011 she initiated the proceedings under section 125 of Code of Criminal Procedure, 1973. The proceedings under the Protection of Women from Page 1 of 2 HC-NIC Page 1 of 2 Created On Thu Dec 10 01:43:20 IST 2015 R/SCR.A/7256/2015 ORDER Domestic Violence Act, 2005, were initiated in the year 2015.
4. The learned advocate appearing for the petitioners submitted that in view of Section 28 r/w. Sections 31 and 32 of the Act, the proceedings initiated are incompetent in law inasmuch as the offence which could be alleged under the Act, would be time barred in view of Section 468 of Code of Criminal Procedure, 1973.
5. Let Notice be issued to the respondents, returnable on 28.01.2016. Mr. Patel, the learned APP, waives service of notice for and behalf of the respondent no.1. The respondent no.2 be served directly through the Investigating Officer of the concerned Police Station.
By way of adinterim relief, there shall be no further proceedings in respect of Criminal Misc. Application No. 90 of 2015 pending before the court of learned Judicial Magistrate First Class till the next date.
(J.B.PARDIWALA, J.) aruna Page 2 of 2 HC-NIC Page 2 of 2 Created On Thu Dec 10 01:43:20 IST 2015