KAPIL SINGH PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the petitioner Kapil Singh has approached this Court for assailing the order dated 31.8.2016 passed by learned appellate court being the Addl. Sessions Judge No. 2, Nagaur in appeal no. 2/2016 whereby, the appeal preferred by the respondent Santosh (the petitioner's wife) was partly allowed and the matter was remanded to the learned Chief Judicial Magistrate, Nagaur for fresh decision of the application preferred by the respondent herein under Section 12 read with section 6 of the Protection of Women From Domestic Violence Act, 2005.

(2.) The learned C.J.M., while deciding the Cr. Application/Case No. 323/2012 preferred by the respondent Smt. Santosh under 2 the provisions of Protection of Women from Domestic Violence Act, 2005 (here-in-after referred to as the Act of 2005) proceeded with the assumption that the application was time barred and rejected the same by order dated 12.6.2015 observing that the application, if any could only be filed within a period of one year from alleged commission of the alleged domestic violence. Chief Judicial Magistrate concluded that as the application was presented beyond the period of limitation, the same was barred by limitation. The respondent Smt. Santosh challenged the said order by preferring an appeal before the Addl. Sessions Judge which came to be allowed by the impugned order dated 31.8.2016 and the matter was remanded to the trial court holding that the issue of the proceedings being barred by limitation could only be decided after permitting the parties to lead evidence. The said order dated 31.8.2016 passed by the Appellate Court is under challenge in this revision.

(3.) Heard learned counsel for the parties and perused the material available on record.