DILIPKUMAR RAJARAM KOSTI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Mr. Ramnani, learned advocate for the petitioners, Mr. Aftabhusen Ansari, learned advocate for respondent No.2 and Mr. H.L. Jani, learned APP.

(2.) IN present petition under section 482 of the Code, the petitioners have prayed, inter alia, that:

(3.) THE petitioners herein had submitted said application Exh.5 in Criminal Case No.505 of 2010 requesting the learned trial Court to drop the proceedings against the petitioners on the premise that the incidence alleged in the complaint had occurred before the date on which the Protection of Women from Domestic Violence Act, 2005 ('the Act' for short) came into operation and since the said act does not have retrospective operation, the proceedings are not maintainable and should be dropped. The learned trial Court considered the contentions raised by the petitioners and also considered the report of the protection officer and upon considering the entire material on record, the learned trial Court came to the conclusion that there was enough material to prima facie demonstrate that case for continuing proceedings was made-out. Having reached such conclusion, the learned trial Court rejected the said application Exh.9 vide order dated 13.8.2010. Against the said order an Appeal (No.338/2010) was filed wherein order dated 15.12.2010 was passed and the case was remanded. Thereafter, learned trial Court passed order dated 26.4.2011 whereby the discharge application came to be rejected.