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JUVVADI SRIDEVI
Rangojoo Vidyanath – Appellant
Versus
Mattewada Sowmya – Respondent
JUDGMENT
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners, challenging the inaction on the part of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Yellandu, in disposing of Crl.M.P.No.645 of 2022 in DVC No.8 of 2021, pending on its file.
2. Heard the submissions of learned counsel for the petitioners, learned counsel for the Respondent/complainant and perused the record.
3. The Respondent herein/complainant has filed the subject DVC No.8 of 2021 before the Court below, under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short “DVC Act”) seeking reliefs under Sections 18, 20, 21 of DVC Act and other reliefs. The petitioners herein, who are husband, his parents and his paternal uncle were arrayed as Respondents in the said DVC. In the said DVC, the petitioners herein filed the subject Crl.M.P.No.645 of 2022 under Order XIV Rule 2 read with Section 151 of C.P.C. requesting the Court below to decide the issues mentioned therein as preliminary issues and dismiss the DVC. Alleging that the Court below is insisting the petitioners herein to proceed with the trial of the case w
Preliminary issues are to be taken up before proceeding further with the matter.
The judgment emphasizes the limitations and conditions for exercising supervisory jurisdiction under Article 227 of the Constitution of India.
(1) Striking out pleadings and rejection of plaint – Once specific provision under Order VII Rule 11 of CPC, is available, High Court cannot exercise powers under Article 227 to reject or strike off ....
Article 227 cannot be invoked against final orders of the Sessions Court; a revision petition under Section 29 of the DV Act is the proper remedy.
The power of judicial review under Article 227 of the Constitution can be invoked on a limited ground of patent lack of jurisdiction. Magistrates must confine the inquiry to persons whose presence is....
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