Procedure to be followed by court in domestic violence case
It is clear that even though section 28(1) specifically provides that all proceedings under section 12 shall be governed by the provisions of Cr.P.C., 1973, it is directory in nature and any departure from the provisions of Code of Criminal Procedure will not vitiate a proceeding initiated under section 12. Therefore, this Court will hold that the Courts while dealing with proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005 shall abide by the provisions of Cr.P.C., 1973 as far as possible. However, any departure from the provisions of Cr.P.C. will not have the effect of vitiating the proceeding in view of the fact that the statute itself specifically provides for the Court to lay down its own procedure for disposal of an application under section 12. Having heard the counsel for the parties and considered the materials on record, this Court is not able to discern any material irregularity or illegality in the proceedings before the Court below.
Cril. Revision Petn. No. 7 of 2013
IN THE HIGH COURT OF MANIPUR
Decided On: 07.02.2014
Appellants: Shri Naorem Shamungou Singh
Vs.
Respondent: Smt. Moirangthem Guni Devi
Vs.
Respondent: Smt. Moirangthem Guni Devi
Hon'ble Judges/Coram:N. Kotiswar Singh , J.
Citation: AIR2014 25, II(2014)DMC555 , 2014(2)GLT7,2014(3) Crimes 446 manipur
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