THOMAS P.JOSEPH
Baiju – Appellant
Versus
Latha – Respondent
THOMAS P. JOSEPH, J.
1. Is the court of Magistrate while discharging functions under the Protection of Women from Domestic Violence Act (for short, "the Act") a criminal court inferior to the Court of Sessions and the High Court ?
Is the judgment of Court of Sessions in an appeal filed under Section 29 of the Act amenable to the revisional power of the High Court under sections 397(1) and 401 of the Code of Criminal Procedure (for short, "the Code")?
These questions are required to be answered in these petitions filed under Section 482 of the Code by the respondents in M.C.No. 8 of 2009 of the court of learned Judicial First Class Magistrate-II, Thamarassery and M.C.No. 96 of 2007 of the court of learned Judicial First Class Magistrate, Harippad.
2. In Crl.M.C. No. 969 of 2011 petitioners suffered an order under Section 12 of the Protection of Women from Domestic Violence Act (for short, "the Act"). That order was challenged in appeal before learned Additional Sessions Judge- II, Kozhikode in Crl.Appeal No. 29 of 2010. The order was confirmed. Judgment of learned Additional Sessions Judge is under challenge in Crl.M.C. No. 969 of 2011 .
3. In Crl.M.C.No. 1705 of 2011 petitioner s
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