MEENU JAIN Vs. GAURAV JAIN

JUDGEMENT

(1.) A Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") read with Article 227 of Constitution of India has been filed against the Order dtd. 13/1/2017 in Criminal Appeals No.233/2016 and 254/2016, which have been dismissed by the learned ASJ, on the grounds of limitation.

(2.) Briefly stated, the Petitioner/Meenu Jain got married to Respondent No.1/Gaurav Jain on 6/3/2006 and one son, Respondent No.2/Aryan was born from their wedlock on 21/1/2007. Differences arose between the parties and eventually aside from other litigation, a Complaint under Sec. 12 of the Protection of Woman Against the Domestic Violence Act, 2005 (hereinafter referred to as "DV Act") was filed by the Petitioner against her husband and her parents-in-law, on 5/3/2013.

(3.) During the pendency of the said Complaint, the Petitioner moved an Application on 9/3/2016 seeking Restoration of Electricity due to removal of electricity meter on 7/3/2016. The learned M.M dismissed this Application vide order dtd. 16/5/2016 by observing that a separate Suit for Restoration of Electricity had been filed seeking the same relief. Moreover, it was noticed that a sum of Rs.75,069.00 was sought from the Petitioner on account of penalty as she was found committing theft of electricity by tampering the meter. In this backdrop the Application for restoration of electricity was dismissed vide Order dtd. 16/5/2016.