UJJWAL MISHRA AND OTHERS Vs. AADITI MISHRA

JUDGEMENT

(1.) This petition filed under Section 482 of the Code of Criminal Procedure challenges the order dated 2.9.2014 whereby the court below has entertained an application preferred by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act'). Learned counsel for the petitioner challenged this order by raising three points. Firstly, as per proviso to Section 12 of the Act, the Magistrate could have entertained the application only after obtaining and considering the domestic incident report from Protection Officer or the Service Provider. The impugned order is passed without obtaining the said report. The said report is directed to be produced afterwords which is evident from the order dated 2.9.2014 itself. Secondly, the similar complain of respondent (Annexure A/3) filed on 25.6.2013 was dismissed by the court on 15.4.2014 and hence second complaint of similar nature was not tenable. Thirdly, the allegations against the petitioner are omnibus in nature which warrants no cognizance.

(2.) Prayer is opposed by Shri Ahiwasi. He supported the impugned order and relied upon certain judgments in his favour. He read out the entire complaint to contend that prima-facie allegations of domestic violence is shown in the complaint. Reliance is placed on order dated 15.4.2014 (page 16) to show that earlier application was dismissed because it was not pressed. He submits that earlier parties made efforts to amicably resolve the dispute but since dispute could not be resolved and petitioner continued to harass the petitioner, second complain was filed which is not barred.

(3.) No other point is raised by the learned counsel for the parties.