SRIKANT RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The application is against the judgment and order dtd. 29/8/2019 passed by the learned Additional District and Sessions Judge, 2nd Court, Serampore, Hooghly allowing Criminal Appeal no. 4 of 2019 and thereby setting aside order dtd. 18/7/2018 passed by the Ld. Judicial Magistrate, 3rd Court, Serampore in Misc. Case No. 103/2014.

(2.) The petitioner's case is that the opposite party no. 2 filed an application under Sec. 12 of The Protection of Women from Domestic Violence Act, 2005 against the petitioner before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly being Miscellaneous Case No. 103 of 2014.

(3.) The case was subsequently transferred before the learned Judicial Magistrate, 3rd Court, Serampore, Hooghly and the petitioner filed show cause in the said proceeding inter alia on the ground that the case is not maintainable.