Delhi High Court - Orders
Priyanka Rani vs Kunal Kumar on 22 July, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1603/2022, CRL.M.A. 13975/2022
PRIYANKA RANI ..... Petitioner
Through: Ms.Payal Bahl, Mr.Gaurav Singh and
Mr.Rajan Raj, Advocates.
versus
KUNAL KUMAR ..... Respondent
Through: Counsel (appearance not given).
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 22.07.2022
CRL.M.A. 13976/2022
Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 1603/2022, CRL.M.A. 13975/2022 Petition has been preferred on behalf of the petitioner under Article 226 of the Constitution of India for issuance of writ of certiorari for quashing of order dated 28.06.2022 issued by learned MM, Shahdara District, Karkardooma Court in CT No.1577/2020, in proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
Learned counsel for the petitioner submits that learned MM issued directions vide order dated 28.06.2022 under Section 397 of Cr.P.C. which has been incorrectly reflected as Section 390 Cr.P.C. to 'retreat' the records of previous litigation and the same is impermissible as MM has not been conferred any power of revision under Section 397 Cr.P.C..
The relevant para of order dated 28.06.2022 is quoted for reference:-
"Learned counsel for R1 has filed an application under Section. 390 Cr.P.C. for calling of records regarding the previous litigation between the parties. Although, the defence of the respondent is struck off. In the interest of justice and for proper Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:23.07.2022 17:21:04 adjudication of the present matter, this court deems it fit to retreat the records pertain to the previous litigation between the parties. In view of the same, robkar be issued for calling the records pertaining to case bearing CT No.450/2022 PS Harsh Vihar titled as Priyanka vs. Kunal & ors. from the court of Ms. Deepakshi Rana, MM (Mahila Court)-03, SHD, KKD, Delhi for 06.08.2022."
On the face of record, reference made to Section 390 Cr.P.C. by learned MM appears to be incorrect as the said section pertains to the 'arrest of accused in appeal from acquittal'. However, any direction for retrieving the records pertaining to the previous litigation between the parties, for proper adjudication of the matter, does not, in any manner, reflect an improper exercise of power by learned MM. Considering the background reflected in the impugned order, I am of the considered opinion that no grounds for interference are made out at this stage. The writ petition filed on behalf of the petitioner is accordingly dismissed.
At this stage, it is prayed by the learned counsel for the petitioner that the directions be issued to learned trial court for deciding the case expeditiously. Reliance is further placed upon 2022 SCC OnLine Kar 1009, Rajamma H. vs. Thimmaiah V. Learned trial court is directed to make an endeavour to consider the pending applications expeditiously, in accordance with law.
The petition accordingly stands disposed of.
A copy of this order be forwarded to learned court for information and compliance.
ANOOP KUMAR MENDIRATTA, J.
JULY 22, 2022/ik Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:23.07.2022 17:21:04