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(2023) Law Today Live Doc. Id. 17703 = 2023(1) L.A.R. 528
Decided on: 23.01.2023
Present:
Mr. Arshdeep Singh, Advocate, for the petitioner.
Code of Criminal Procedure, 1973 (2 of 1974), Section 407, 482 -- Protection of Women from Domestic Violence Act, 2005 (43 of 2005) , Section 12 -- Petition u/s 12 of DV Act – Transfer of case – Objection to jurisdiction -- Ground of -- Objection to the jurisdiction of trial Court to try the application in itself is not a ground to file the petition seeking transfer of the application -- Provisions of Section 407 or 482 Cr.P.C. cannot be resorted to for getting-over the objection to jurisdiction of a particular Court to try the application/case.
(Para 3)
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TRIBHUVAN DAHIYA, J. (ORAL) –
1. This is a petition seeking transfer of the application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, ‘Act’) before the Magistrate at Shahbad to Indri, District Karnal.
2. Learned counsel for the petitioner contends that the respondents have taken objection to jurisdiction of the trial Court to hear the application filed by the petitioner under Section 12 of the Act, and therefore, the petitioner seeks transfer of the application to Court at Indri, District Karnal.
3. In case an objection to the jurisdiction of trial Court to try the application at Shahbad has been taken by the respondents, that in itself is not a ground to file the instant petition seeking transfer of the application from Shahbad to Indri. The provisions of Section 407 or 482 Cr.P.C. cannot be resorted to for getting-over the objection to jurisdiction of a particular Court to try the application/case.
4. Dismissed.
Petition dismissed.
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