Mehmood Ahmed vs Shahnaz - 2021 Supreme(J&K) 636

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(J&K) 636

JAVED IQBAL WANI
Mehmood Ahmed – Appellant
Versus
Shahnaz – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Nigam Mehta
For the Respondent: J.P. Gandhi, Saliqa Sheikh

JUDGMENT :

1. In the instant petition, inherent power of this Court is being invoked under Section 561-A Cr.P.C. (482 Cr.P.C.) for quashment of order dated 20.10.2018 as also complaint titled as "Shahnaz Vs. Mehmood Ahmed and Ors." pending before the Court of Special Mobile Magistrate, Passenger Tax, Jammu (hereinafter for short, 'Trial Court') including order dated 24.11.2016 and 21/02/2017. Further order dated 07.11.2017 passed by the Court of Additional Sessions Judge (hereinafter for short, 'Appellate Court') is also being challenged.

2. Before adverting to the grounds of challenge urged in the petition, it would be appropriate to refer to the facts in brief spelt out in the petition:-

(a) A petition under section 12 read with Sections 18, 20 and 22 of Protection of Women from Domestic Violence Act, 2010 (hereinafter for short, 'The Act') is stated to have been filed by the respondent No. 1 herein against the petitioner herein and the performa respondents herein including one Dr. Rukhsana Chowdhary before the trial Court wherein a process is stated to have been issued by the trial court besides granting an amount of Rs. 12,000/- as maintenance p.m. in favour of respondent No. 1 an

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