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SCR.A/1127/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1127 of 2008
==========================================
KIRANBHAI
MAVJIBHAI PAIJA & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================
Appearance :
MR
NIRAD D BUCH for petitioners
MR MUKESH PATEL,
ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 19/06/2008
ORAL
ORDER
Heard
Mr.N.D.Buch, learned advocate for the petitioners.
It
is submitted that earlier the respondent No.2 ? complainant /
aggrieved person had lodged a First Information Report against the
present petitioners alleging offences punishable under Sections
498-A, 420, 406 and 114 of the Indian Penal Code, which had
culminated into Criminal Case No.501 of 2007. It is submitted that
the said case has been adjudicated after trial, and by a judgement
and order dated 5th May, 2008, the petitioners have been
acquitted of the said offences. It is submitted that, subsequently
almost immediately thereafter, by an application dated 27th
May, 2008, the present application has been filed under the
provisions of the Protection of Women from Domestic Violence Act,
2005 (the Domestic Violence Act). It is submitted that, on the
facts of the case, no case is made out for obtaining any order under
Section 18. It is further pointed out that the petitioners are
residing separately from the complainant since about two years and
therefore, no order under Section 19 can also be passed. It is
submitted that, while passing an order under Section 20, the learned
Judicial Magistrate is empowered to grant payment of monetary relief
to meet with the expenses incurred and the loss suffered on account
of domestic violence. However, on the facts of the present case,
there is nothing to point out that a single incident of domestic
violence has taken place, more particularly when no time, date or
other details of the alleged incidents have been shown.
Considering
the submissions advanced by the learned advocate for the petitioners
and more particularly, considering the fact that the incidents of
domestic violence referred to in the complaint are of a period much
prior to the making of the said application, issue Notice
returnable on 15th July, 2008. By way of ad-interim
relief, further proceedings of Criminal Miscellaneous Application
No.86 of 2008 pending before the learned Judicial Magistrate First
Class, Vankaner, are hereby stayed.
Mr.Mukesh
Patel, learned Additional Public Prosecutor waives service of notice
on behalf of the respondent No.1 ? State of Gujarat.
Direct
service is permitted qua respondent No.2.
[HARSHA
DEVANI, J.]
parmar*
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