TOLA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant misc. petition has been preferred by the petitioner Smt.Tola Devi challenging the order dated 11.8.2010 passed by the learned Additional Sessions Judge, Shahpura in Revision No.38/09 (37/09)(208/09), whereby the learned Additional Sessions Judge set aside the order dated 29.4.2009 passed by the learned Judicial Magistrate, Jahajpur accepting the application filed by the petitioner under Section 12 of the Domestic Violence Act.

(2.) Learned counsel for the petitioner referring to Section 29 of the Domestic Violence Act submits that any order passed by the Magistrate under Section 12 of the Domestic Violence Act is assailable only by filing an appeal in the court of Sessions concerned within a period of 30 days from the date of the order. Learned counsel thus submits that the order was not revisable and therefore, the learned Additional Sessions Judge, Shahpura wrongly entertained and accepted the revision filed by the respondents.

(3.) Learned counsel for the respondents is not in a position to dispute the fact that the order dated 29.4.2009 was only challenge-able by filing an appeal under Section 29 of the Act.