RAKESH KUMAR & ANR Vs. VISHAL PRIAYA

JUDGEMENT

(1.) Order dated 13.7.2017 passed by learned Sessions Judge, Kangra at Dharamshala in an application under Section 408 Cr.P.C. registered as Criminal T.A. No. 7 of 2016 is under challenge in this petition. It is seen that while passing the impugned order learned Sessions Judge had transferred the complaint titled Vishal Priya versus Rakesh Kumar and another filed by respondent-wife under Section 12 of the Protection of Women from domestic violence Act, 2005 against the petitioners herein.

(2.) The legality and validity of the impugned order has been questioned on several questions of law and facts, however, mainly that another case under Section 23 of the Domestic Violence Act is being pursued by her at Dehra. The arguments qua this aspect were addressed on 14.3.2018 when the following order came to be passed in this petition:

(3.) On the next date i.e. 18.4.2018 learned Counsel representing the respondent-wife on instructions apprised this Court that it was an appeal pursued by her at Dehra which now stands withdrawn on 11.4.2018. This order also reads as follow: