GAGANDEEP KAUR Vs. DALJEET SINGH
LAWS(J&K)-2020-11-63
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 25,2020

GAGANDEEP KAUR Appellant
VERSUS
DALJEET SINGH Respondents

JUDGEMENT

JAVED IQBAL WANI - (1.)In this petition filed under Article 226, petitioner challenges order passed by the court of 2nd Additional Munisiff, Jammu, (herein after for short the court below) dated 25.09.2020, on the premise that the said order is bad in law and against the purport of the judgements of the Supreme Court in cases titled as "Priyanka Shrivastava Vs. State of U.P & Ors", and "Lalita Kumari Vs. Government of U.P & Ors".
(2.)On 05.11.2020 after hearing for a while, learned counsel for the petitioner was directed to address on the question of maintainability of the petition as to how extra ordinary writ jurisdiction can be invoked while throwing challenge to the order passed by the court below while exercising the powers under Section 156 (3) Cr.PC. Learned counsel for the petitioner in response to above referred to the judgement of the Supreme Court in case titled as "M/s Pepsi Foods Ltd., and ors Vs. Special Judicial Magistrate and Ors., reported in 1997 (9) Supreme 279", wherein it has been observed that nomenclature of the petition under which petition filed is not quite relevant and that does not debar the court from exercising its jurisdiction which otherwise it possesses unless there is special procedure prescribed which procedure is mandatory and that provisions of the Articles 226 and 227 of the Constitution and Section 482 of the Code of Criminal Procedure are devised to advance justice and not to frustrate it.
(3.)Heard learned counsel for the petitioner, perused the record and considered the matter.
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