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2022 Supreme(Gau) 1413

KALYAN RAI SURANA
Bhupen Kumar Nath – Appellant
Versus
Jyoti Deka – Respondent


Advocates:
Advocate Appeared:
S.K.Talukdar, Advocate, P.Medhi, Advocate, S.Kakati, Advocate

JUDGMENT :

KALYAN RAI SURANA, J.

Heard Mr. P. Medhi, learned counsel for the petitioners and Mr. S. Kakati, learned counsel for the respondent.

2. The respondent herein is the complainant in a complaint case filed under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (herein after referred to as "2005 Act" for short), which is registered and numbered as Misc. Case No. 75/2021 and is pending for disposal before the Court of the learned Judicial Magistrate First Class, Darrang at Mangaldai. The two petitioners herein are the opposite parties (accused) in the said case. The learned trial Court, by an order dtd. 19/3/2021, had issued notice on the petitioners herein and observed that the prayer for interim relief can wait till appearance of the petitioners.

3. By filing this petition under Sec. 482 Cr.P.C., the petitioners have prayed for quashing of the said order dtd. 19/3/2021 and all subsequent orders passed in the said Misc. Case No. 75/2021.

4. By referring to the grounds on which this present petition was presented, the learned counsel for the petitioners has submitted that the trial Court had no jurisdiction and/or authority to pass the impugned order dtd. 19/3/2

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