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2016 Supreme(Chh) 534

CHANDRA BHUSHAN BAJPAI
Suraj Sharma – Appellant
Versus
Bharti Shrama – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri Pallav Mishra

ORDER :

Chandra Bhushan Bajpai, J.

Heard the matter on maintainability and also finally at the motion stage itself.

2. Facts in brief required for adjudication of the instant Cr.M.P. that the Respondent had filed an application before the Judicial Magistrate First Class, Durg, Chhattisgarh under Sections 12, 18, 19, 20, 22, 23 and 26 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005') and the same is pending. The Applicants/Non-applicants before the Court below had filed the instant Cr.M.P. and prayed that proceedings before the Court below under the Act of 2005 be quashed. The Petitioners have taken ground in the instant Cr.M.P. that invoking jurisdiction under Section 482 of the Code of Criminal Procedure (for short 'the Code'), as per the provisions of Section 468 of the Code, the Court cannot take cognizance in the matter as the same is barred by limitation. The Court below taken cognizance and issued notice without the domestic incident report. The Court cannot issue notice and take cognizance in absence of any domestic incident report. It is further submitted that in the domestic incident report, names of Suraj Sharma, Satyanarayan Sharma an

















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