M.PATCHI RAJAN Vs. PROTECTION OFFICER

JUDGEMENT

(1.) THE Petitioners have focussed the instant Criminal Revision Petition as against the order dated 27.07.2012 in Cr.M.P.No.5961 of 2012 passed by the Learned Judicial Magistrate, Pudukkottai, in taking on file the 'Domestic Incident Report' filed by the second Respondent/Protection Officer, Pudukkottai, based on the complaint of the third Respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

(2.) THE Learned counsel for the Petitioners submits that the first Petitioner is the Husband and the second Petitioner is the Mother-in-Law of the third Respondent and that the third Respondent has filed a complaint before the first Respondent/Protection Officer, District Social Welfare Office, Tirunelveli and that the second Respondent is the Protection Officer, District Social Welfare Office, Pudukkottai and certain Officers under the Act have been notified by the State Government, so as to look into the grievances of the Women/Wives and it is the further submission of the Learned counsel for the Petitioners that Section 2(n) of the Protection of Women from Domestic Violence Act, 2005 speaks of 'Protection Officer" and Section 8 of the Act refers to the appointment of Protection Officers to be appointed by the State Government in each District by means of notification just like investigation Officers and indeed he cannot exercise his jurisdiction beyond a particular District.

(3.) ADVANCING his argument, the Learned counsel for the Petitioners takes a stand that a complaint can be lodged in two matters viz., (i) a complaint straight away can be given to the Protection Officer and (ii) a complaint can be straight away given to the Judicial Magistrate concerned. Also, if a complaint is made under Section 4 of the Act, the Protection Officer will issue notice to the parties concerned and parties will appear before him and in fact, a Protection Officer like the Investigation Officer can investigate the matter and after examining the parties, he will prepare a report, which is called the 'Domestic Incident Report' as per Section 2(e) of the Act. The said report will be forwarded to the Judicial Magistrate of the area by the Protection Officer and that will be taken cognizance of by the Magistrate for proceeding further.