Jammu & Kashmir High Court
Amit Kumar vs Akshay Kumar @ Bittu Photographer on 28 October, 2022
Sr. No. 156
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 802/2022
Amit Kumar .....Appellant(s)/Petitioner(s)
Through: Ms. Rozina Afzal, Advocate
Vs
Akshay Kumar @ Bittu Photographer ..... Respondent(s)
Through: None
CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
28.10.2022 Through the medium of the instant petition, petitioner seeks quashment of order dated 19.05.2022 passed by the Court of learned Special Mobile Magistrate/Additional Civil Judge (Jr. Div.), R. S. Pura whereby the complaint of the petitioner filed against the respondent was dismissed holding that offence punishable under Section 497 IPC has been decriminalized by the Hon'ble Apex Court in a case titled as Joseph Shine vs. Union of India, 2018 SCC Online SC 1676.
Heard.
Learned counsel for the petitioners submits that the complaint was not only for the commission of offence punishable under Section 497 IPC but also for commission of offence punishable under Section 366 IPC and the trial Court has ignored to discuss how the complaint is not maintainable for commission of offence punishable under Section 366 IPC, even if offence punishable under Section 497 IPC has been decriminalized. 2
Issue notice to the respondent for filing counter affidavit returnable within four weeks, subject to taking requisite steps within one week.
List on 02.12.2022.
Meanwhile, call for the record from the trial Court.
(MA CHOWDHARY ) JUDGE Jammu 28.10.2022 Bir