BIRAJ PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this application, under Sec. 482 of the Code of Criminal Procedure, petitioner No. 1- Shri Biraj Pal and petitioner No. 2- Ms. Pinky Paul prayed for striking off their names from the complaint in Domestic Violence Case No. D.V-01/2020, pending before the Court of learned Additional Chief Judicial Magistrate, Karbi Anglong, Diphu, Assam under Sec. 12 of Domestic Violence Act, 2005.

(2.) The factual background, leading to filing of this petition, is briefly stated as under: -

(3.) Being aggrieved, the present petitioners who are the respondent Nos. 2 and 3 of the complaint in domestic violence case, approached this Court for striking off their names from the array of the respondents, on the ground that the learned Court below has passed the order dtd. 24/9/2020, by taking cognizance and issued notice, without there being any specific statement or concrete evidence of torture by the petitioners upon the respondent No. 2 (complainant), which is illegal and not tenable in the eye of law and that before passing the order, the learned Court below did not consider the domestic incidents report received from the Protection Officer and without proper enquiry, passed the order dtd. 24/9/2020, and the learned Court below also failed to apply judicial mind and without receiving proper report as provided under Sec. 12 of the Domestic Violence Act, 2005, took cognizance, and the allegations leveled in the petition is baseless, unworthy to be believed and fabricated and the order of taking cognizance is illegal, improper and therefore, it is contended to strike off their names from the petition.