AMIT TIWARI Vs. DEEPSIKHA TIWARI

JUDGEMENT

(1.) The applicant has filed this criminal revision under Section 397/401 of the Cr.P,C. being aggrieved by the order dated 27.11.2018 passed by 3 rd Additional Sessions Judge, Jabalpur in Cr.A. No. 220/2018 whereby dismissed the appeal filed under Section 29 of the Protection of Women From Domestic Violence Act (hereinafter referred to as the 'Act') which arising out of the order dated 01.05.2018 passed by JMFC, Jabalpur in MJCR No. 576/2018 thereby learned JMFC Court took a cognizance against the applicant and issued a show cause notice.

(2.) Facts giving rise to this revision, in short, are that complainant, who is respondent in this revision, filed a complaint under Section 12 of the Act alleging therein that the applicant is her husband. Her marriage was solemnized on 01.03.2018. On the same day, after marriage, the applicant left her company and not taking care of her, threatened her to remain separate from him. He is going to perform second marriage. Respondents filed a written complaint before the Police Station Kotwali, District Mandla. Police registered a report under Section 155 of the Cr.P.C. in respect of the non-cognizable offence. After that the respondent made a complaint to the Police Superintendent, Mandla along with other documents of marriage and also filed an application before the Family Conciliation Center of District Mandla in which, the applicant filed a reply. Respondent ultimately filed a complaint before the JMFC, Jabalpur under the provisions of the Act. Learned JMFC Court called the report of the Protection Officer and also issued a notice to the applicant along with other persons who were arrayed as non- applicants in the application. Applicant appeared before the JMFC Court with Advocate. Applicant, being aggrieved by the order dated 01.05.2018 by which report of the Protection Officer has been called for and issued a notice to the applicant for appearance, filed an appeal before the 3 rd Additional Sessions Judge, Jabalpur which was registered as Cr.A. No. 220/2018. Learned Appellate Court vide order dated 27.11.2018 dismissed the said appeal with an observation that there are sufficient material available on record to proceed against the applicant under Section 12 of the Act.

(3.) Applicant being aggrieved by the order passed by the Appellate Court dated 27.11.2018 has filed this revision on the ground that the impugned order is not as per law. Appellate Court committed a gross error of law and facts in dismissing the appeal. Learned JMFC Court without mentioning any substantial reason in the order, issued notice for appearance against the applicant on 10.05.2018. Learned JMFC Court was not having any jurisdiction to take cognizance and issuance of show cause notice against the applicant. The application filed by the respondent was not maintainable on the ground that she has not explained any date of incident, place, particulars in the application and also not annexed affidavit to verify the fact alleges in the application. Report of the Protection Officer has not been called by the JMFC before issuing the show cause notice as per the provision of Section 12(1) of the Act. Applicant further pleaded that respondent was not an aggrieved person and there is no prima facie ground that commission of domestic violence happened against respondent No. 2. Respondent No. 2 never resided in the matrimonial house and never made any matrimonial relationship or as a wife with the applicant, therefore, JMFC Court committed gross error for issuing the notice vide order dated 01.05.2018 and Appellate Court did not consider all objections while passing the impugned order dated 27.11.2018. He, therefore, prays for setting aside the order passed by the Courts below.