ARIF AHMAD QURAISHI Vs. SHAJIA QURAISHI

JUDGEMENT

(1.) Petitioners in this petition under Section 482 of Cr.P.C. is praying for quashment of order dated 4.3.2010 passed by IV Additional Sessions Judge, Gwalior in Criminal Revision No. 79/2010 whereby the learned revisional court affirmed the order dated 1.2.2010 passed by learned judicial Magistrate First Class, Gwalior in Criminal Case No. 2694/09.

(2.) The sole contention of the learned counsel for the petitioners is that the learned Magistrate erred in taking cognizance of the application filed by respondent No. 1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the "Act") without calling for the report from the Protection Officer.

(3.) The learned counsel for the petitioners while reiterating the above said contentions put forth in the petition submitted that the proceedings pending on the file of the learned Magistrate are liable to be quashed for not following the mandatory provisions contained in the Act.