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2017 Supreme(Raj) 1939

IN THE HIGH COURT OF RAJASTHAN
SANDEEP MEHTA, J.
Sunny Kumar - Appellant
Vs.
Smt. Monika - Respondent
Criminal Revision No. 990 of 2016
Decided On : 04-10-2017

Advocates Appeared:
For the Appellant : Toshar Moad for Mr. Vinit Sanadhya
For the Respondent: O.P. Rathi

Headnote:

Domestic Violence Act – Section 12 – Gram Nyayalaya Act – Section 33(7) – Code of Criminal Procedure – Section 468 – Stay petition – Petitioners seek to assail the order passed by Additional Sessions Judge, in Criminal Appeal whereby, the appellate Court reversed order passed by Judge, Gram Nyayalaya, Railmagra in Criminal Regular Case and remanded the matter to Gram Nayayalaya for fresh consideration – Gram Nyayalaya rejected the application preferred by the petitioners under Section 468 Cr.P.C., 1973 seeking to challenge the proceedings of complaint submitted by the respondent under the provisions of Domestic Violence Act as being barred by limitation – Held, Court is of the firm opinion that the revision is liable to be rejected on two grounds – Firstly, since the original order passed by the Gram Nyayalaya, the revision cannot be maintained in view of the specific bar contained in Section 33(7) of the Gram Nyayalaya Act – Further, this Court has categorically laid down in the case of Kapil Singh Parihar v. State of Raj. & Anr. that the provisions of Section 468 Cr.P.C., 1973 do not apply to proceedings under Section 12 of the Domestic Violence Act – Stay Petition Dismissed

JUDGMENT :

Sandeep Mehta, J.

By way of the instant revision, the petitioners seek to assail the order dated 22.7.2016 passed by the learned Additional Sessions Judge, Rajsamand in Criminal Appeal No. 66/2015 whereby, the appellate Court reversed the order dated 23.9.2015 passed by Judge, Gram Nyayalaya, Railmagra in Criminal Regular Case No. 232/2015 and remanded the matter to the Gram Nayayalaya for fresh consideration. Gram Nyayalaya rejected the application preferred by the petitioners under Section 468 Cr.P.C., 1973 seeking to challenge the proceedings of complaint submitted by the respondent under the provisions of Domestic Violence Act as being barred by limitation.

2. After hearing the arguments of the learned counsel for the petitioners and after perusing the material available on record, I am of the firm opinion that the revision is liable to be rejected on two grounds. Firstly, since the original order dated 23.9.2015 passed by the Gram Nyayalaya, the revision cannot be maintained in view of the specific bar contained in Section 33(7) of the Gram Nyayalaya Act. Further, this Court has categorically laid down in the case of Kapil Singh Parihar v. State of Raj. & Anr. (S.B. Criminal Revision No. 1166/2016) decided on 13.9.2017, that the provisions of Section 468 Cr.P.C., 1973 do not apply to proceedings under Section 12 of the Domestic Violence Act.

3. Consequently, the instant revision is hereby dismissed as being devoid of any merit.

4. Stay petition also stands dismissed.


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