Dattaram Sakharam Pawaskar v. Suvarna Ganpat Bandagale and Anr.
Case brief
What is this about?
The High Court of Bombay dismissed the application challenging interim orders under Section 23 of the Protection of Women from Domestic Violence Act, 2005, holding them appealable before the Sessions Court rather than subject to inherent powers of this Court.
What did the court decide?
Application rejected; liberty granted to applicant to approach the Court of Sessions.
What the court decided
APL-1283.2011
sjs
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE � CRIMINAL
CRIMINAL APPLICATION NO.1283 OF 2011
Dattaram Sakharam Pawaskar.... Applicant
Vs.
Suvarna Ganpat Bandagale
& Anr..... Respondents
Shri H.V. Bhadbhade for the Applicant.
Shri R.B. Parab for Respondent No.1.
Ms R.V. Newton, APP, for the State.
CORAM: R.C. CHAVAN, J.
DATED: MARCH 27, 2012
P.C:
The applicant has needlessly rushed to
this Court questioning interim orders passed by
the learned Judicial Magistrate, First Class,
Lanja under the provisions of Section 23 of The
Protection of Women from Domestic Violence Act,
2005. The learned counsel submits that orders
which can be appealed against are those passed
under Sections 12, 19 etc.. Section 23 also
enables a Magistrate to pass, at the threshold
itself, interim orders under Sections 18, 19,
20, 21 or 22. There is no restriction
preventing the applicant from questioning such
Page 1 of 2
Issues for consideration
2 issues framed by the court
Whether an interim order under Section 23 of the Protection of Women from Domestic Violence Act, 2005 is appealable or maintainable only for quashing under inherent powers.
Whether Section 23 of the Protection of Women from Domestic Violence Act, 2005 restricts the power of the Magistrate to pass interim orders under other sections.
Parties & counsel
- applicant
Dattaram Sakharam Pawaskar
- respondent
Suvarna Ganpat Bandagale
Coram
R.C. Chavan
Case details
As recorded by the court registry
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