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2017 Supreme(Cal) 937

MD.MUMTAZ KHAN
Jhuma Santra – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.K. Gayen and A.A. Gayan

JUDGMENT :

MD. MUMTAZ KHAN, J.

1. The instant revision has been preferred by the petitioner/daughter-in-law assailing the order dated August 12, 2016 passed by the learned Additional District and Sessions Judge, 1st Court, Howrah in Criminal Appeal No. 61 of 2014 as also the judgment and order dated April 10, 2014 passed by the learned Judicial Magistrate, 5th Court, Howrah in M. Case No. 340 of 2010 (TR No. 63 of 2010.) rejecting her application under section 12 of the Protection of Women from Domestic Violence Act praying for protection order as also the residence order. The facts leading to the instant revision is that the petitioner filed an application under section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as the PWDV Act) against her parents-in-laws as also sisters-in-laws seeking protection as also residence order under section 18/19 of the said Act which was registered as M. Case No. 340 of 2010 (TR 63/10). Thereafter, learned Judicial Magistrate, 5th Court, Howrah after recording evidence of both parties and after contested hearing dismissed the same by the impugned order holding that petitioner is not in need of any residence as she










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