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V.RAMKUMAR
Anilkumar – Appellant
Versus
Sindhu – Respondent


Counsel for the Parties:
For the Petitioners:A. Dinesh Rao & K.K. Rajeev (Punnapuram), Advocate.
For the Respondent NO. 2:K.S. Hariharaputhran and George Mathew, Advocates.
For the State: P. Ravindra Babu, Public Prosecutor.

ORDER

V. Ramkumar, J.— In this Revision filed under section 397 read with Section 401 Cr. P.C the revision petitioners who are the counter petitioners in C.M.P No. 2066 of 2008 on the file of the Chief Judicial Magistrate’s Court, Thiruvananthapuram, challenge the orders passed concurrently by the Courts below overruling the petitioner’s preliminary objection regarding the territorial jurisdiction of the Chief Judicial Magistrate to try (decide) the case. The interesting questions for judicial resolution are:-

(i) Whether the Chief Judicial Magistrate could be said to be a Judicial Magistrate of first class within the meaning of Section. 27 of the Protection of Women from Domestic Violence Act, 2005?

(ii) When, once the local jurisdiction of the Chief Judicial Magistrate or a Judicial Magistrate of the first class has been defined by recourse to Section 14 Cr.P.C. is it permissible for any of those Magistrates to exercise judicial powers of inquiry or trial in respect of a cause of action occurring outside such local jurisdiction?

2. C.M.P. No. 2066 of 2008 was an application filed by one Sindhu, the first respondent herein under Section 12 of the Protection of Women from Domes

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