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“High Court Cannot Exercise Power Under Section 482 CrPC When There Exists A Remedy Of Statutory Appeal Under Section 29 Of Domestic Violence Act”: Delhi HC

A single judge Bench of the Delhi High Court held that High Court cannot entertain the petition in its extraordinary power under Section 482 Cr.PC, given the fact that there is a clear remedy of Appeal under Section 29 of the Protection of Women against Domestic Violence Act.”Preliminary objection of the Respondent has given rise to a neat legal nodus before this Court being the maintainability of a Petition under Section 482 Cr.PC, when an alternate remedy of a Statutory Appeal under Section 29 of the Act is available to the Petitioner. Reading the provisions of the Act shows that under the Scheme of the Act, Section 29 provides for an Appeal to the Court of Sessions within 30 days from the date on which the Order made by the Learned Metropolitan Magistrate is served on the aggrieved person or the Respondent, as the case may be, whichever is later”, noted Justice Jyoti Singh.

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