- 1 - NC: 2025:KHC-D:2295 WP No. 107886 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107886 OF 2024 (GM-RES) BETWEEN: VISHAL NARASHIMHA VERNEKAR, AGE: 35 YEARS, OCC: PRIVATE EMPLOYMENT, R/O: NEW SHIVAJOT, 202 BEHIND OLD SHASHVT PARK, BADLAPUR WEST, MUMBAI, MAHARASTRA- 400001. …PETITIONER (BY SRI. ANKIT RAMESH DESAI, ADVOCATE) AND: SMT. ARCHANA KOM VISHAL VERNEKAR, AGE: 33 YEARS, OCC: HOUSEWIFE, R/O: C/O: NARAYAN SRINIVAS RAYKAR, ”KAMAKSHI NILAYA” BEHIND POLICE QUARTERS, KALAMMA NAGAR, YELLAPUR, UTTARA KANNADA DISTRICT- 403702. …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.06.2023 PASSED BY THE COURT OF CIVIL JUDGE AND J.M.F.C YELLAPUR IN CRL.MISC.48/2021 WHICH IS PRODUCED AT ANNEXURE G, AND THE IMPUGNED ORDER DATED 23.11.2023 PASSED BY THE COURT OF 1ST ADDL. DISTRICT AND SESSIONS COURT, KARWAR (SITTING AT SIRSI) AT SIRSI UTTARA KANNADA IN CRIMINAL REVISION PETITION NO.5156/2023 WHICH IS PRODUCED AT Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2295 WP No. 107886 of 2024 ANNEXURE - H. ISSUE SUCH OTHER WRIT, ORDER OR DIRECTION AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayers: A) Issue writ of certiorari quashing the impugned order dated 06.06.2023 passed by the court of civil judge and j.m.f.c yellapur in crl.misc.48/2021 which is produced at Annexure-G, and the impugned order dated 23.11.2023 passed by the court of 1st Addl. District and Sessions Court, Karwar (Sitting at Sirsi) at Sirsi Uttara Kannada in Criminal Revision Petition No.5156/2023 which is produced at Annexure - H. B) Issue such other writ, order or direction as deemed fit in the interest of justice and equity. 2. The learned counsel for the petitioner submits that against the order dated 06.06.2023, the petitioner had preferred a Criminal Revision Petition before the Court of Session in Crl.R.P.No.5156/2023, which comes to be rejected on the score that it is not maintainable. The order that is questioned is the one passed under Section 23 of - 3 - NC: 2025:KHC-D:2295 WP No. 107886 of 2024 the Protection of Women from Domestic Violence Act, 2005. Section 29 of the said 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.” 3. Section 29 permits the aggrieved to file an appeal before the concerned Court. Therefore, the petitioner has an alternative, efficacious and statutory remedy of filing an appeal against the order impugned. 4. In the light of the petitioner pursuing his remedy before a wrong forum, which has now been turned down, I deem it appropriate to direct the Appellate Court to consider the appeal of the petitioner in accordance with law and pass necessary orders without insisting of delay. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE NAA List No.: 1 Sl No.: 30