1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Criminal Application No. 2036 of 2010 Sunil v. Sangita and ors ----------------------------------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. ----------------------------------------------------------------------------------------------------------------------------------------- Mr I. S. Charlewar, Adv for applicant Mr R. D. Murkute, Adv for respondents Coram: A.P. Bhangale, J Dated : 27th July 2011 1. The applicant questions summons i.e. notice for appearance under Section 13 (1) of the Protection of Women From Domestic Violence Act, 2005. 2. It appears that that an application was filed by respondent Sangita under Section 12 of the Act. Learned Magistrate issued notice for appearance under Section 13 (1) of the Act. It is simple notice whereby the present applicant is directed to appear in the Court on a specified date and to show cause why the relief claimed by the respondent shall not be granted with further intimation that if noticee does not appear in the Court on the specified date and time, the proceedings shall be heard ex-parte. According to the applicant herein, proceedings are not maintainable under the Protection of Women From Domestic Violence Act, 2005. 3. The question about maintainability or as to whether the learned Magistrate who issued notice has jurisdiction to entertain and try the application or not, can very well be raised before the learned Magistrate by the present applicant. Therefore, no interference is required by exercise of power under Section 482 Cr. P.C. which is to be exercised sparingly and 2 in exceptional cases. Application is accordingly dismissed. All contentions are kept open. JUDGE joshi