SUNNY KUMAR S/O LATE PRAKASHCHAND KUMAT Vs. SMT. MONIKA W/O SHRI SUNNY KUMAT D/O SHRI NAVAL SINGH MEHTA

JUDGEMENT

(1.) By way of the instant revision, the petitioners seek to assail the order dated 22.7.2016 passed by the learned Additional Sessions Judge, Rajsamand in Criminal Appeal No. 66/2015 whereby, the appellate Court reversed the order dated 23.9.2015 passed by Judge, Gram Nyayalaya, Railmagra in Criminal Regular Case No. 232/2015 and remanded the matter to the Gram Nayayalaya for fresh consideration. Gram Nyayalaya rejected the application preferred by the petitioners under Section 468 Cr.P.C., 1973 seeking to challenge the proceedings of complaint submitted by the respondent under the provisions of Domestic Violence Act as being barred by limitation.

(2.) After hearing the arguments of the learned counsel for the petitioners and after perusing the material available on record, I am of the firm opinion that the revision is liable to be rejected on two grounds. Firstly, since the original order dated 23.9.2015 passed by the Gram Nyayalaya, the revision cannot be maintained in view of the specific bar contained in Section 33(7) of the Gram Nyayalaya Act. Further, this Court has categorically laid down in the case of Kapil Singh Parihar v. State of Raj. and Anr. (S.B. Criminal Revision No. 1166/2016) decided on 13.9.2017, that the provisions of Section 468 Cr.P.C., 1973 do not apply to proceedings under Section 12 of the Domestic Violence Act.

(3.) Consequently, the instant revision is hereby dismissed as being devoid of any merit.