1. Heard Shri P.A. Masram, learned Counsel for the petitioner and Shri N.G. Moharir, learned Counsel for the respondent.

2. Rule. Rule made returnable forthwith by consent of the parties.

3. The petitioner is assailing the order dated 18-11-2016 rendered by the learned 25th Judicial Magistrate First Class (Special Court PWDV Act), Nagpur in Misc. Criminal Case 2150/2014 and the judgment and order dated 24-7-2017 rendered by the learned Principal District and Sessions Judge, Nagpur in Criminal Appeal 2/2017, by and under which the order of the learned Magistrate dismissing the application under Section 12 of the Protection of Women from Domestic Violence Act, (“DV Act” for short), is upheld.

4. The petitioner preferred an application under Section 12 of the DV Act in July 2014, the prayer clause of which reads thus :

“(i) Pass a protection order in favour of applicant prohibiting and restraining the non-applicant from committing any act of domestic violence and from causing physical and mental harassment and abuse to the applicant.

(ii) Pass an order directing the non-applicant to allow to occupy his flat in 'Nirman Classic' apartment which is situated at Gajanan Nagar, Nagpur