LAWS(GAU)-2009-8-55

BULU DAS Vs. RATAN DAS

Decided On August 11, 2009
BULU DAS Appellant
V/S
RATAN DAS Respondents

JUDGEMENT

(1.) THIS revision petition under Section 401 read with Section 397 of Crpc is directed against the judgment and order dated 06. 05. 2008 passed by the learned Sessions Judge, Dibrugarh in Criminal Appeal No. 2 (1)/2008, whereby and whereunder, the learned Sessions Judge set aside the order dated 26. 12. 2007 passed by the learned SDJM (S), Dibrugarh only on the score that the provision of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005') is not applicable to the Case No. 81m/2006 filed by the present petitioner in the Court of the learned SDJM (S), Dibrugarh under Sections 12, 18, 19, 20, 22 and 23 of the Act, 2005, inasmuch as the Act, 2005 came into force on 26. 10. 2006.

(2.) HEARD Mr. P. J. Saikia, learned counsel appearing for the petitioner as well as Mr. G. P. Bhowmik, learned counsel for the respondent.

(3.) FOR deciding the present revision petition, a short fact leading to the filing of the said case i. e. Case No. 81m/2006 under the provision of the Act, 2005 in the Court of the learned SDJM (S), Dibrugarh, is recapitulated.