JAI PRAKASH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Petitioner requests for setting aside Magisterial order dt. 19.03.2007 as affirmed by Revisional Court and dismissal of respondent No. 2's application for restoring her (No. 2's application) under the provisions of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) (hereinafter referred to as "the Act of 2005").

(2.) Alleged circumstances as stated giving rise to this petition, are that respondent No. 2 filed an application against petitioner under Secs. 12 read with Secs. 18, 19, 20, 22 and 23 of the Act which dismissed on 13.02.2007 for non-presence on behalf of respondent No. 2, respondent No. 2 presented an application for restoring her petition, learned Magistrate vide order dt. 19.03.2007, allowing the petition, restored the application on number for further proceedings, revision preferred by the petitioner dismissed vide order dt. 24.01.2007 and order of 19.03.2007 affirmed.

(3.) Learned counsel for the petitioner argued that (1) for proceeding under the Act, procedure as laid down in Crimial P.C. is to be followed. (2) There is no provision for review of the Magisterial order by the Magistrate Court itself. (3) The order of 19.03.2007, directing restoration to original number is nothing but a review of the earlier order of dismissal. (4) Learned Sessions Judge also erred in upholding order. Inviting attention towards Section 28(1), reliance is placed on Major General A.S. Gauraya and Anr. Vs. S.N. Thakur and Anr., 1986 Cr.L.J. 1074 Bindeshwari Prasad Vs. Kali Singh, AIR 1977 SC 2432; and Hari Singh Mann Vs. Harbhajan Singh Bajwa, AIR 2001 SC 43.