IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.1608/2017 BETWEEN SRI RAJESH S AGED ABOUT 34 YEARS, S/O. SHANMUGAM, C/O. G SOUNDER RAJAN, PRESENTLY RESIDING AT NO. 531, PILLAIR KOVIL STREET, PERIYA AGAMEDU VILLAGE, SEDUPERI POST, VELLORE - PIN – 632002.
(BY SRI MANOHAR N, ADV.) AND KOMALA. T W/O. RAJESH S. AGED ABOUT 29 YEARS, D/O. TANIKACHALAM, R/AT NO. 11, 3RD FLOOR, 2ND A MAIN ROAD, BYRAVESHWARA NAGAR, NAGARBHAVI MAIN ROAD, BANGALORE – 560072.
(BY SRI G.M.GADILINGAPPA, ADV.) ...PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRL.MISC.NO.92/2016 PENDING BEFORE THE MMTC-II BANGALORE AS FALSE AND NOT MAINTAINABLE IN LAW (ANNEXURE-A).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
2. Petitioner is before this Court being aggrieved by the notice issued by the Trial Court in Crl.Misc.No.92/2016 preferred by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
3. Learned Counsel for the petitioner would invite the attention of this Court to Annexure-C being the copy of the order passed by the Trial Court in a similar petition preferred by the respondent under Section 12 of the said Act registered as Crl.Misc.No.202/2011. He would submit that the second petition for the same relief is not maintainable.
4. It was always open to the petitioner to appear before the Trial Court and raise the objection. It is not open for the petitioner to invoke the jurisdiction under Section 482 Cr.PC for the relief that could have been granted by the Trial Court itself. In that view of the matter, this Court does not find any merit in this petition.
5. In the event, if the petitioner raises such objection regarding the maintainability of the second petition, the Trial Court shall consider the said objection as a preliminary point and in the event if the petitioner is aggrieved by any such order that may be passed by the Trial Court on the said preliminary point, it is open for the petitioner to approach this Court. Accordingly, petition stands dismissed.
6. The dismissal of this petition shall not preclude the petitioner from raising the objections before the Trial Court regarding the maintainability of the second petition.
Sd/- JUDGE KK CT-HR