CR No.4493 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CR No.4493 of 2014 Date of Decision: 15.07.2014 ***** Sushil Kumar alias Sunil Kumar and others .
.Petitioners Versus Deepa .
.
Respondents ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.Yogesh Arora, Advocate, for the petitioner.
***** RAKESH KUMAR JAIN, J.
(ORAL) The defendants have filed the present revision petition against the order passed by the learned Additional Sessions Judge, Karnal on an application filed by them under Order 7 Rule 11 of the Code of Civil Procedure, 1908 [for short ‘the CPC’].The respondent/wife had filed complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 [for short ‘the Act’].The said application was dismissed by the Judicial Magistrate Ist Class by his order dated 4.3.2014.
The petitioners then filed criminal revision against the said order and it was also dismissed by the Additional Sessions Judge, Karnal on the ground that there is no limitation prescribed for filing the application under Section 12 of the Act.
It is really surprising that the petitioners had Pahwa Vivek 2014.07.16 16:24 I attest to the accuracy and integrity of this document CR No.4493 of 2014 -2- filed application under Order 7 Rule 11 of the CPC, which provides rejection of the plaint and entertained by both the Courts below while passing impugned ordeRs.It is needless to mention that the Courts below have been exercising their jurisdiction under the criminal law and were not supposed to entertain the application filed under Section 7 Rule 11 of the CPC.
In any case, learned counsel for the petitioners prays for withdrawal of the present petition in order to file appropriate application in accordance with law against the complaint filed by the respondent.
Dismissed as withdrawn.
Liberty granted.
(RAKESH KUMAR JAIN) 15.07.2014 JUDGE Vivek Pahwa Vivek 2014.07.16 16:24 I attest to the accuracy and integrity of this document