MOHAMMAD GHOUSE Vs. ASIYA ISMAT

JUDGEMENT

(1.) Heard learned Counsel Shri A.H. Jamal for the applicant and learned Counsel Shri P.N. Mehta for the non-applicant. Admit. Heard finally by consent of the learned Counsel appearing for the parties.

(2.) This revision application impugns the judgment and order passed by the learned Additional Sessions Judge, Nagpur in Criminal Appeal No. 6/2012. The appeal before the learned Additional Sessions Judge had arisen out of the order passed by the learned Judicial Magistrate First Class, Nagpur in Miscellaneous Criminal Application No. 305/2010 under the Protection of Women from Domestic Violence Act, 2005. The applicant and his mother non-applicant No. 2 were the non-applicants before the learned Magistrate in the complaint filed by the complainant Asiya Ismat W/o. Mohammad Ghouse. The learned Magistrate came to the conclusion that non-applicant No. 2 Sultana Begum was guilty of domestic violence and no orders were passed against her. However, non-applicant No. 1 i.e. the applicant herein was found guilty of domestic violence and the learned trial Magistrate passed the following order.

(3.) The applicant moved the Sessions Court by way of filing an appeal. The appeal was partly allowed and the following order was passed by the appellate Court.