Mirza Mustafa Ali Baig Kamal v. Smt. Azra Shahen
Case brief
What is this about?
The Court held that a criminal revision under Section 401 Cr.P.C. is not maintainable when an efficacious remedy exists under Section 29 of the Protection of Women from Domestic Violence Act and an appeal remedy is available. The petition was returned.
What did the court decide?
The revision petition was returned to the Registry to enable the petitioner to file an appeal before the learned Sessions Judge.
What the court decided
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.2368 of 2013
ORDER :
As there is an efficacious remedy under Section 29 of the Protection of Women from Domestic Violence Act and in view of the bar under Section 401 Cr.P.C, revision is not maintainable when there exist appeal remedy and the revision is not maintainable.
2) Registry is to return the papers to the revision petitioner to enable him to file an appeal before the learned Sessions Judge concerned.
3) Accordingly, the revision petition is returned.
Dr. B. SIVA SANKARA RAO, J
23rd September, 2014 ksh
Issues for consideration
1 issue framed by the court
Whether a criminal revision under Section 401 Cr.P.C. is maintainable when an efficacious remedy under Section 29 of the Protection of Women from Domestic Violence Act and an appeal remedy exist.
Parties & counsel
- petitioner
Revision Petitioner
- respondent
Respondent
Coram
Dr. B. Siva Sankara Rao
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · September
- Registered
- Case no.
- CRLRC/2368/2013
Similar cases
Judgements on the same questions, provisions and authorities, from every court