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2017 DIGILAW 77 (ORI)

Prasant Kumar Garanayak v. Smt. Puspalata Garanayak @ Samal

2017-01-16

S.K.SAHOO

body2017
ORDER 16.01.2017. The petitioners who were the respondents before the learned S.D.J.M., Talcher in Criminal Misc. Case No.74 of 2008 which is a proceeding under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereafter “P.W.D.V. Act”) have filed this application under Section 482 Cr.P.C. challenging the impugned order dated 08.10.2010 of the learned Magistrate, inter alia, granting monthly maintenance of Rs.2000/- (Rupees two thousand only) to the opp. Party as well as directing to pay sum of Rs.50,000/- (Rupees fifty thousand) towards the loss caused due to the removal of the property from the control of the opposite party. Section 29 of the P.W.D.V. Act reads as follows : “29. Appeal. – There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. In view of the specific appeal provision provided in the statute, I am not inclined to entertain this application under Section 482 Cr.P.C. Accordingly the CRLMC application is disposed of as not maintainable.The interim order dated 14.08.2012 passed in Misc. Case No.1433 of 2012 stands vacated. Intimate the learned Magistrate accordingly. If the petitioner prefers an appeal against the impugned order and files an application for condonation of delay, the learned Appellate Court shall consider the application in accordance with law keeping in view the provisions under Section 14 of the Limitation Act, 1963. Ordered accordingly.