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Salil Kumar Adv   26 December 2021

dv act

sir,
I have filed a complaint u/s 12 of domestic violence act before magistrate court . magistrate after trial dismissed the petition ,
disallowing all my prayers. my question is that what is my remedy ,? whether I have to approach high court with a crl revision petition ? whether a crl revision will lie before district court ?

advocate Salil kumar
kerala


Learning

 4 Replies

Dr J C Vashista (Advocate)     27 December 2021

What is the judgment of the Magistrate on the application ?

However, revision against order passed by Magistrate is to be filed before Sessions Court.

Salil Kumar Adv   27 December 2021

Magistrate has dismissed my complaint disallowing all the prayers

Megha   29 January 2022

Hi,

As per section 374 of the Code of Criminal Procedure, 1973, any person aggrieved by the order of a Magistrate may prefer an appeal to Sessions Court.  Or if the order is such that it affects your fundamental rights, violates the principle of natural justice, you may also consider filing a writ before the High Court under Artcile 226 of the constitution.  

Best regards,
Megha

Dr J C Vashista (Advocate)     30 January 2022

Section 29 in The Protection of Women from Domestic Violence Act, 2005 provides:

29. Appeal.—There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Who has advised you to move in appeal u/s 374 Cr PC to assail the judgment in a case filed under section 12 of the Protection of Women from Domestic Violence Act, 2005 ?


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