In an application for expediting domestic violence proceedings under Section 482 CrPC, the court directed the respondents to approach the Metropolitan Magistrate first instead of the High Court.
Direction to respondents to prefer an application before the Metropolitan Magistrate under Section 482 CrPC regarding Section 12 DV Act proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APL 742-14.odt
Anand
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.742 OF 2014
Jamshed Vafadar Khodai.Applicant
V/s.
Virendra Kaur Khodai & anr..Respondents
Mr.Subodh Desai, Advocate, for the Applicant
Ms A.T.Javeri, APP, for the Respondent No.2 -
State
CORAM:P.D.KODE, J.
DATE:12TH DECEMBER, 2014
P.C.
.Heard.
2.The respondents in C.C.No.383M of 2007
pending on the file of the Metropolitan
Magistrate, 12thCourt, Bombay prays for
exercising the powers under Section 482 of the
Code of Criminal Procedure for expediting the
said proceedings on the count of the same
being not completed within 60 days as
contemplated under Section 12 of the Domestic
Page 1 of 2
APL 742-14.odt
Violence Act. The respondents having directly
approached this Court without making an
application to the said Court and having due
regard to the fact of the pendency of the
cases in the Court of the learned Metropolitan
Magistrate, Bombay, this application is
disposed of with the directions to the
respondents to prefer such an application
before the said Court and in the event of
adverse order being passed to approach this
Court, if advised.
3.The Criminal Application stands
disposed of.
Page 2 of 2
1 issue framed by the court
Whether to exercise powers under Section 482 CrPC for expediting proceedings under Section 12 DV Act.
2 provisions across 2 enactments
Jamshed Vafadar Khodai
Virendra Kaur Khodai
State
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court