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2025 DAILYLAW 3795 (HP)

Bharti Sharma v. Kamlesh Sharma

2025-09-01

Ajay Mohan Goel

body2025
JUDGMENT : AJAY MOHAN GOEL, J. 1. By way of this petition, the petitioner has assailed order dated 02.04.2022, in terms whereof, notice was issued by learned Judicial Magistrate First Class, Court No. 8, Shimla, to the respondents therein in a petition preferred by Ms. Kamlesh Sharma, under Sections 18-23 of the Protection of Women from Domestic Violence Act. 2. A perusal of the impugned order demonstrates that all that was done by way of the impugned order by the learned Court below was that it issued notice to the respondents therein. 3. Learned Senior Counsel for the petitioners submits that as no allegation was made against the present petitioners in the said proceedings and allegations, if any were bald and incorrect, therefore, issuance of the notice to said respondents is not justified. 4. This Court is of the considered view that as all that was done by the learned Court in terms of the impugned order is that it issued notice on the petition that was preferred by the petitioner before it, this petition under Article 227 of the Constitution of India is not maintainable. Whatever is being contended by learned Senior Counsel on behalf of the petitioners has to be at the first instance contended before the learned Court below and in case, they are not satisfied with the order that may be passed by the learned Court, then the aggrieved party can have recourse to such remedy as may be available against the said order. However, this petition under Article 227 of the Constitution of India which is against the order of issuance of notice is not maintainable in the facts of this case. 5. At this stage, learned Senior Counsel for the petitioner submits that these proceedings be closed but with liberty to the petitioners to approach appropriate Court, in case, they are aggrieved by any order that may be subsequently passed by learned Court below. 6. Accordingly, these proceedings are closed without disturbing the impugned order with liberty to the petitioners as prayed for. Pending miscellaneous application(s), if any, also stand disposed of accordingly.