SUMITRA DEBNATH Vs. RATAN DEBNATH

JUDGEMENT

(1.) BY the judgment and order dated 25.11.2014 delivered in Criminal Appeal No.01 of 2014 the Sessions Judge, West Tripura, Agartala has observed that :

(2.) HAVING held so, the appeal preferred by the revisional petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005, hereinafter referred to as the DV Act on questioning the legality of the order dated 20.12.2013 delivered in CR. 11 of 2013 by the Judicial Magistrate, First Class, Agartala, West Tripura, No.4 has been dismissed. The complaint filed under Section 31 of the Act has been held to be not maintainable by the said order dated 20.12.2013 as the complaint did not disclose breach of either the protection order or the interim protection order.

(3.) BEING aggrieved by the judgment and order dated 25.11.2014, this petition filed under Section 482 of the Cr.P.C. has been set in motion. According to the revisional petitioner, both the courts below appreciated the records wrongly and mis -constructed the provisions of Section 31 of the DV Act inasmuch as the order granting relief passed by the Magistrate has been passed under Section 18(e) of the DV Act and hence, breach of such order is amenable to the provision of Section 31 of the DV Act.