S.B.CRIMINAL MISC. PETITION NO.1059/2007 (Irshad Khan & Ors. v. State) & Ors.

HON'BLE MR. SATYA PRAKASH PATHAK, J. Mr. Sabir Khan ) Mr. Pradeep Shah ) for the petitioners. Mr. Ashok Upadhyay, Public Prosecutor for the State. By moving the present criminal misc. petition under Section 482 Cr.P.C., the petitioners have challenged the order dated 11.07.2007 passed by learned Chief Judicial Magistrate, Churu in Criminal Misc. Case No.92/2007 (Smt. Tanjeem Banu & Anr. Vs.Iqbal Khan & Ors.) and prays that proceedings pending before the learned trial court under the provisions of the Protection of Women from Domestic Violence Act, 2005 may be quashed. It is not in dispute that appropriate provisions are there in the Protection of Women from Domestic Violence Act, 2005 for challenging the order impugned by way of appeal, therefore, the petitioner first to approach the appellate Court, if so advised. 2 The misc. petition stands dismissed as not maintainable with the observation that the petitioner shall be free to file appeal before the concerned Court and the time spent in pursuing the remedy before this Court shall not come in way of the petitioner for the purpose of calculating the period of limitation. (SATYA PRAKASH PATHAK), J.