TEJ SINGH Vs. PADAM KANWAR

JUDGEMENT

(1.) THIS is the criminal revision petition under Sec. 397 read with 401 Cr.P.C. against the order dt. 03.12.2010 passed by learned Additional Sessions Judge (Fast Track) No. 1, Pali HQ Jaitaran, District Pali in Criminal Appeal No. 11/2010 whereby he has set aside the order dt. 29.04.2010 passed by learned Judicial Magistrate, Barr and has remanded the matter back to the trial Court for consideration afresh. The facts in short are that the respondent had filed an application before the trial Court on 21.08.2009 under Sec. 12 read with Sections 18, 19, 20 and 22 of Protection of Women against Domestic Violence Act, 2005. The petitioner was summoned in the same. Aggrieved, he moved an application before the Court praying that no cognizance can be taken under the said Act as the Act was enacted in the year 2005 and made effective in the year 2006 whereas the present application was moved on 21.08.2009. Accordingly, the application under the Protection of Women against Domestic Violence Act, 2005 was dismissed by the trial Court.

(2.) THE respondent filed appeal before the appellate Court. The appellate Court remanded the matter back to the trial Court to decide the same afresh in accordance with law. Aggrieved, the present revision petition has been filed.

(3.) MEANWHILE , the issue with respect to the maintainability of the application under Sec. 12 with retrospective effect has been settled by the Apex Court in the case of Saraswathy vs. Babu in Criminal Appeal No. 1999 of 2013 (Arising out of SLP (Crl) No. 2190 of 2012) decided on 25.11.2013 and also Division Bench of this Court in the case of Sabana (Smt.) @ Chand Bai and Anr. vs. Mohd. Talib Ali and Anr. In D.B. Criminal Revision Petition No. 362/2011 decided on 30.10.2013.