DROPATI Vs. STATE

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 25.5.2010 passed by the learned Addl. Sessions Judge, Sangariya whereby the appeal filed by the petitioner has been dismissed affirming the order dated 28.4.2010 passed by the learned Addl. Chief Judicial Magistrate, Sangaria whereby the application of non-petitioner nos. 2 and 3 has been allowed and the complaint of the present petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act of 2005 hereinafter) has been rejected qua non-petitioner nos. 2 and 3.

(2.) SHORT facts of the case are that the present petitioner-complainant filed a complaint under Section 12 of the Act of 2005 against her husband Bharat Bhusan and other relatives of her husband including non- petitioner nos. 2 and 3. Thereafter, non-petitioner nos. 2 and 3 submitted an application stating therein that they are females and, therefore, do not fall within the definition of respondent under Section 2(q) of the Act of 2005 and hence the complaint is not maintainable against them. The trial court vide order dated 28.4.2010 allowed the application and rejected the complaint in respect of non-petitioner nos. 2 and 3. The appeal has been filed by the present petitioner which was also dismissed. Hence this revision.