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2007 Supreme(Ker) 475

V.RAMKUMAR
Chithrangathan – Appellant
Versus
Seema – Respondent


Judgment :-

1. In this revision filed under S.397 read with S.401 Cr.P.C. the revision petitioner, who is the father of the 1st respondent herein, challenges Annexure-C order dated 9.3.2007 passed by the Chief Judicial Magistrate, Kollam in C.M.P. No.1526/2007.

2. When this revision came up for hearing, the learned counsel appearing for the 1st respondent raised a preliminary objection that this revision is not maintainable in view of S.401(4) Cr.P.C. read with S.399(2) Cr.P.C. since the impugned order is appealable under S.29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "the PWDV Act" for short).

3. Advocate Sri. M. Balagovindan, the learned counsel for the revision petitioner, maintained that the revision is maintainable. In support of his stand, he made the following submissions before me:

S.29 of the PWDV Act, which confers the right of appeal, gives such a right of appeal only to the respondent and to "the aggrieved person" and to no other person and such appeal can evidently lie only from a final order. S.29 cannot be read along with S.24 of the Act as per which the Magistrate passing any order under the Act is to give free copy of the


















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