Application Under Section 12 Of Domestic Violence Act Not Barred By Limitation Under Section 468 CrPC : Karnataka High Court

By on May 26, 2021

first_imgNews UpdatesApplication Under Section 12 Of Domestic Violence Act Not Barred By Limitation Under Section 468 CrPC : Karnataka High Court Mustafa Plumber18 May 2021 7:36 AMShare This – xThe Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act is not barred by period of limitation under section 468 of the Criminal Procedure Code. A single bench of Justice KS Mudagal said “When the application under Section 12 of the DV Act is not covered under the term ‘offence’, section 468 of Cr.P.C is inapplicable. Therefore the application of Section 468 of Cr.P.C. to an application under Section 12 of the DV Act is clearly a misconception.” The court noted that Section 468 (1) and 468(2)(b) of Cr.P.C. themselves show that the bar of limitation for taking cognizance is intertwined with an offence. Section 468 of Cr.P.C. comes into picture only if there is an offence. If there is no offence, there is no limitation. The Court said that under Section 12 of the DV Act, domestic violence is not called or treated as an offence. It speaks of court granting relief and not of conviction and sentence. The judgment said “To attract Section 468 of Cr.P.C, essentially the Act alleged must be an offence. Under the DV Act, the offence is not defined, as defined in Section 40 of IPC.” Justice Mudagal opined “Section 12 of the DV Act is only an enabling provision to initiate enquiry to find out whether such act or omission is committed.” Finally it concluded by saying “Section 31 of the DV Act makes it clear that only breach of the protection order or interim protection order etc. passed under Section 12 of the DV Act constitutes an offence and made punishable. Therefore it is clear that the act or omission contemplated under Section 31 of the DV Act is an offence and the application under Section 12 of the DV Act itself is not an offence.” The court passed the order while hearing a petition filed by one Puttaraju challenging the order dated April 11, 2016 passed by the Additional Chief Judicial Magistrate, directing him to the pay an amount of Rs 8,000 per month to his wife and children as maintenance and house rent. The husband challenged the order which directed him to deposit an amount of Rs 4,32,000. The court had directed the amount to be transferred to the magistrate court from where the wife could withdraw the same. The wife filed an application seeking to withdraw the amount which was challenged by the husband on the grounds that the petition was filed 10 years from the date of the alleged domestic incident, therefore the petition itself was not maintainable.Click Hear To Download/Read OrderTagsCriminal Procedure Code(CrPC) Domestic Violence Act #Karnataka High Court Justice KS Mudagal Code of Criminal Procedure Next Storylast_img read more

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O’Loughlin still heads U23 Rás standings

By on September 9, 2020

first_imgFrench rider Yannis Yssaad has won today’s stage of the An Post Rás from Dungloe to Donegal.Philip Lavery of Panduit Tipperary was the first county rider home today in 11th place.Carrick on Suir’s Michael O’Loughlin retained his hold on the Under 23 classification – the Team Wiggins rider is still 9th overall. James Gullen of JLT Condor is still the overall leader.last_img

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GFA NC, clubs meeting to discuss 2019/ 2020 league called off

By on August 29, 2020

first_imgThe proposed meeting between representatives of clubs and GFA-NC officials to discuss the 2019/20 league season has been cancelled.The meeting was to deliberate on the proposal to synchronize Ghana’s league calendar with Europe as mooted by some club officials.The cancellation of the meeting originally scheduled for Wednesday, July 17, is necessitated by discouraging response from the invited clubs.The GFA-NC will avail itself for future stakeholder engagements on the above subject matter when necessary.The GFA-NC wishes to state unequivocally that, it is determined to wrap-up within the stipulated mandate as spelt out by the Federation of International Football Association (FIFA).The public is therefore urged to regard as false any contrary information, surrounding the GFA-NC supposed intent to further seek extension of its mandate. Source: Ghana FAlast_img read more

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