Disposed

Sri. Akash Shankar v. Smt. Dr. Vandana. S

Karnataka HC20 Aug 2024CRL.P/3753/2024

Case brief

AI extract

What is this about?

Petitioner challenged an interlocutory order of the Magistrate allowing a Section 91 CrPC application in a domestic violence proceeding. The High Court held such interlocutory orders are not entertainable and disposed of the petition, pointing to the statutory remedy of appeal to the Sessions Court.

What did the court decide?

Petition disposed; liberty reserved to appeal under Section 29 DV Act; interim order continued for four weeks only.

Sri. Akash Shankar Vs Smt. Dr. Vandana. S — Domestic Violence | Karnataka HC (2024)

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NC: 2024:KHC:33513 CRL.P No. 3753 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 3753 OF 2024

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BETWEEN:

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SRI. AKASH SHANKAR S/O SHANKAR, AGED 33 YEARS, R/AT NO.54, 9^TH MAIN ROAD, 12^TH CROSS, SHAYADHANAHALLI, KRS, CHAMUNDESHWARI RAILWAY LAYOUT, MYSURU - 570 016

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PRESENTLY R/AT ASSISTANT COMMISSIONER'S OFFICE, JAGAT CIRCLE, KALABURGI.

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…PETITIONER

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(BY SRI. SHANKARAPPA, ADVOCATE)

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AND:

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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SMT. DR. VANDANA. S AGE 30 YEARS, W/O DR. AKASH SHANKAR, NO.285 A, 5^TH CROSS, RAJIV GANDHI NAGAR, 2^ND PHASE, NTI LAYOUT, KODIGEHALLI, BENGALURU - 560 097.

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…RESPONDENT

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(BY SRI. K.N. PHANEENDRA, SENIOR ADV. FOR SMT. VAISHALI HEGDE, ADVOCATE)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 02.02.2024 PASSED BY THE HONBLE VI MMTC, BENGALURU IN CRIMINAL MISCELLANEOUS NO.70/2023 FILED BY THE RESPONDENT U/S 12(1) R/W SEC. 28 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005.

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NC: 2024:KHC:33513 CRL.P No. 3753 of 2024

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioner is before this Court seeking the following

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prayer:

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" PRAYER

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WHEREFORE, it is most humbly prayed that this Hon'ble Court may be pleased to set aside the impugned order dated 2-02-2024 passed by the Hon'ble VI MMTC, Bengaluru in Criminal Miscellaneous No.70/2023, filed by the Respondent under Section 12(1) R/w Section 28 of the Protection of Women from Domestic Violence Act, 2005, in the interest of justice and equity."

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What is called in question is an order passed by the

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concerned Court allowing an application filed by the respondent under Section 91 of the Cr.P.C.

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Since this is an interlocutory order that is called in

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question before this Court, the petition is not entertainable.

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3 - NC: 2024:KHC:33513 CRL.P No. 3753 of 2024

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In the light of the remedy available under the statute i.e., Section 29 of the Protection of Women from Domestic Violence Act, 2005, before the Court of Session to file an appeal, the petition is disposed reserving liberty to the petitioner to knock at the doors of the appropriate fora , if petitioner so desires.

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The interim order subsisting shall continue for a period of four weeks and liberty is reserved to the petitioner to knock at the doors of the Appellate Court, within four weeks.

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In the event, he would not exercise his liberty, the interim order that is continued for a period of four weeks would automatically vanish.

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All contentions of both the parties are left open.

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Sd/(M.NAGAPRASANNA) JUDGE

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List No.: 1 Sl No.: 0

Sri. Akash Shankar v. Smt. Dr. Vandana. S

Case brief

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Sri. Akash Shankar v. Smt. Dr. Vandana. S

Case brief

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