This petition under Article 226 of the Constitution of India read with Section 482of the Code of Criminal Procedure, 1973, is filed against the order dated 10.8.2011 passed by the learned 5th Additional Chief Judicial Magistrate, Bhavnagar, below application Exh.3 in Misc. Criminal Application No.417 of 2010 in exercise of power under Section 20(3) of the Protection of Women from Domestic Violence Act, 2005.
Learned counsel for the petitioner has argued the case on merit, but, considering availability of statutory appeal under the said Act, I am not inclined to exercise extraordinary power under Article 226 of the Constitution of India. On this ground alone, this petition is rejected.
(ANANT S. DAVE, J.) (swamy) Top