NARAYAN BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant revisional application under Sec. 482 of the Cr.P.C. has been filed by the petitioners for quashing a proceeding under the Protection of Women from Domestic Violence Act, 2005 initiated by the opposite party being the daughter-in-law of the revisionist no. 1 Narayan Biswas.

(2.) The learned counsel appearing for the State has raised objection regarding the maintainability of the present revision on the grounds, inter alia, that as the Protection of Women from Domestic Violence Act, 2005 (in short 'DV' Act hereinafter) is a Special Act, the General Act like Code of Criminal Procedure, 1973 will not prevail over it. In other words the provisions of DV Act, 2005 will prevail over the Code of Criminal Procedure in case of conflict. In this regard he has cited judicial decisions reported in Suresh Nanda Vs. C.B.I reported at (2008) 3 SCC 674.

(3.) The learned counsel has also drawn the attention of this court to the statement of object and reasons of the DV Act, 2005 which may be quoted as hereunder:-