TAMI ALIAS TANIA RATH Vs. GAYTRI BISI

JUDGEMENT

(1.) Heard Mr. N.G. Pati, learned Counsel for the Petitioners and Mr. S.K. Acharya, learned Counsel for the Opp. Party.

(2.) Learned Counsel for the Petitioners asserts that it has been settled by the Madhya Pradesh High Court in the Case of Ajay Kant and Others v. Smt. Alka Sharma, 2008 1 DMC 1, that a proceeding under Section 12 of the P.W.D.V. Act is maintainable only against those who may be termed as adult persons and not against woman.

(3.) The Learned S.D.J.M. has relied on various other decisions of the Bombay High Court in the case of Archana Hemant Naik v. Urmilaben I. Naik and Another, 2010 CrLJ 751 and as well as a Judgment of the Andhra Pradesh High Court in the case of Afzalunnisa Begum & Etc. v. State of A.P. and Another, 2009 CrLJ 4191, and came to conclude that there is direct allegations against the Respondent Nos. 4, 5 (Petitioners herein) and hence the petition dated 21.11.2011 filed by Respondent Nos. 4, 5 (Petitioners herein) stood rejected.