01.07.2025
The petitioners, through the medium of present petition are
challenging order dated 15.05.2025 passed by the learned Judicial
Magistrate, 1st Class, Sumbal whereby the application of the petitioners
under Section 12 of the Protection of Women from Domestic Violence
Act has been dismissed. The order impugned is appealable in nature in
terms of Section 29 of the protection of Women from Domestic
Violence Act. The petitioners, without availing appropriate and
efficacious remedy of appeal, have rushed to this Court by invoking its
jurisdiction under Section 528 of the BNSSS. It is a settled law that in a
case where a litigant has alternative remedy of appeal available to
him/her, the High Court would be reluctant in entertaining a petition
under Section 528 of BNSS.