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AMBREEN ALI vs J.M — 2024 PCrLJ 693 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 693 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
AMBREEN ALI vs J.M
Subject matter
Criminal
Provisions referred to
S. 25; S. 2; Criminal Procedure Code (V of 1898); Criminal Procedure Code

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AMBREEN ALI VS J.M. XXVI EAST Ss. 2(1)(c), 7, 11, 12, 13, 25 & 28---Criminal Procedure Code (V of 1898), Chap. XXXII, Ss. 439 & 439-A---Constitution of Pakistan, Art. 199---Order passed by the Trial Court under the provisions of Domestic Violence (Prevention and Protection) Act, 2013, assailing of---Constitutional petition---Maintainability---Scope---Held, that by virtue of S.25 and S.2(1)(c) of Domestic Violence (Prevention and Protection) Act 2013 ('the Act 2013'), all proceedings taken and offences committed under the provisions of the Act 2013 are governed by the Criminal Procedure Code, 1898 ('the Code'), as Section 28 of the Act 2013 stipulates that "Chapter XXXII" of the Code shall apply to an order passed under Ss. 10, 11, 12 & 13---After combined reading of the said provisions of the Act 2013 and Ss. 439 & 439-A, falling under Chap. XXXII, of the Code, it is apparent that in the matter of the impugned order passed under Ss. 7, 11 & 12 of the Act 2013, a remedy by way of revision is available before the relevant Sessions Judge, hence recourse to the constitutional jurisdiction of High Court under Art. 199 is misplaced/misconceived---Petitioner would be at liberty to avail the alternate remedy provided for in the matter---Constitutional petition was dismissed, in circumstances.

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