Surendra Kumar Agarwal & Ors vs Unknown
2023 Latest Caselaw 5631 Cal

28.08.2023 Serial no. 3 [G.S.D]

CRR 3122 of 2023

In the matter of : Surendra Kumar Agarwal & Ors.

... ... Petitioners

Mr. G. K. Singh

... for the petitioners

The petitioners have challenged the proceedings

arising out of Misc. Case No. 961 of 2022 pending before the

Learned CJM, Howrah, which was subsequently transferred

to the Court of Learned J.M., 2nd Court, Howrah.

Learned Advocate for the petitioners submits that the

proceedings were initiated under Section 12 of the PWDV Act

at the instance of one Sweta Agarwal against the number of

relatives, who had not shared the common household or had

no relationship as such for bringing them within the ambit of

domestic relation as described in the provisions of PWDV

Act.

Learned Advocate, on being questioned by this Court

regarding the availability of the statutory provisions not

being exhausted under Section 29 of the PWDV Act, has

referred to a judgment of the Hon'ble Karnataka High Court

and submits that the said judgment of the Hon'ble

Karnataka High Court decided in Criminal Petition No.

200009/2021 empowers the present petitioners to approach

this Court for canvassing their grievances under Section 482

of the Code of Criminal Procedure.

Ordinarily, when statutory power is vested and the

issue which has been canvassed by the petitioners that they

have been harassed, which is the question of fact, the same

has to be appreciated in an exhaustive manner in an appeal

for which the statutory powers have been granted under

Section 29 of the PWDV Act.

The power of this Court, while exercising the

jurisdiction under Section 482 of the Cr.P.C., is always

available but the same is only in exceptional circumstances.

The petitioners have failed to make out any case of

exceptional circumstances as it relates to question of facts,

which is on the foundation of harassment, and is to be

decided by the Learned Trial Court and to be canvassed

before the Appellate Court

Hence, I do not find, at the first instance, that this is

a fit case for interference by invoking the jurisdiction under

Section 482 of the Cr.P.C.

Accordingly, CRR 3122 of 2023 is dismissed.

Pending application, if any, is also dismissed.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)