HARSHAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) IS the Court of Magistrate while discharging functions under the Protection of Women from Domestic Violence Act (for short, "the Act") a Criminal Court inferior to the Court of Sessions and the High Court? IS the judgment of Court of Sessions in an appeal filed under Section 29 of the Act amenable to the revisional power of the High Court under Sections 397(1) and 401 of the Code of Criminal Procedure (for short, "the Code")? These questions are required to be answered in these petitions filed under Section 482 of the Code by the respondents in MC 8 of 2009 of the Court of learned Judicial First Class Magistrate-II, Thamarassery and MC No. 96 of 2007 of the Court of learned Judicial First Class Magistrate, Harippad.

(2.) IN Crl. MC No. 969 of 2011 petitioners suffered an order under Section 12 of the Protection of Women from Domestic Violence Act (for short, "the Act"). That order was challenged in appeal before learned Additional Sessions Judge-ll, Kozhikode in Crl. Appeal No. 29 of 2010. The order was confirmed. Judgment of learned Additional Sessions Judge is under challenge in Crl. MC No. 969 of 2011.

(3.) LEARNED Public Prosecutor contended that as per the scheme of the Act though the Magistrate is required to exercise functions which are of a civil nature, character of the Court does not change; it continues to be a Court of the Magistrate which is a Criminal Court inferior to the Court of Sessions and the High Court. It is also contended that the very fact that Section 29 of the Act provides for an appeal to the 'Court of Sessions' would indicate that the Court of Magistrate while exercising power under the Act acts as a Court inferior to the Court of Sessions. Further argument is that at any rate, what is under challenge in these proceedings are judgments of Court of Sessions which is a Criminal Court inferior to the High Court for the purpose of Sections 397(1) and 401 of the Code. Hence the proper remedy available to the petitioners is to challenge judgment of the Court of Sessions invoking the revisional power of this Court under Sections 397(1) and 401 of the Code.