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2015 Supreme(Guj) 973

N.V.ANJARIA
Rameshbhai Ramajibhai Desai – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Vijay H. Nangesh.
For the Respondent: Manan Mehta, A.G.P.

JUDGMENT :

N.V. Anjaria, J.

1. The petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution against the judgment and order of Court of Session in Criminal Appeal, which was preferred under Section 29 of the Protection of Women from Domestic Violence Act, 2005. The said appeal was against the order passed by learned Metropolitan Magistrate. What is prayed for is a writ of certiorari to get the said judgment and order in Criminal Appeal set aside. The following questions arise for consideration:-

(i) Whether against the judgment and order deciding an appeal by Court of Session under Section 29 of the Protection of Women from Domestic Violence Act, 2005, a remedy of revision application under Section 397(1) read with Section 401 of the Code of Criminal Procedure, 1973 is available?

(ii) Whether, because of what is held by this Court in Narendrakumar @ Nitinkumar Manilal Shah vs. State of Gujarat, 2014 (2) GLR 1353, a petition under Article 226 of the Constitution, is the remedy to challenge judgment and order in appeal decided under Section 29 of the Protection of Women from Domestic Violence Act, 2005?

(iii) Whether the Judicial Magistrate and Court of

















































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