Govind Mathur, J.—This petition under Sec. 397 read with Sec. 401 Cr.P.C. is preferred to challenge the order dt. 25.09.2007 passed by learned Additional Sessions No. 3, Jodhpur accepting the appeal preferred to the extent it affirms the order dt. 06.06.2007 passed by learned Judicial Magistrate No. 5, Jodhpur withdrawing proceedings against respondents Smt. Umrao W/o Shri Kanhaiyalal and Kumari Gayatri D/o Shri Kanhaiyalal.

2. The Judicial Magistrate No. 5, Jodhpur by his order dt. 06.07.2007 withdrew proceedings against the respondents under the Protection of Women from Domestic Violence Act, 2005 by not treating them as “respondents” being women. Learned Judicial Magistrate as well as the Appellate Court held that as per provisions of Sec. 2(q) of the Protection of Women from Domestic Violence Act, 2005, only a male person could be treated as respondent, thus Smt. Umrao and Kumari Gayatri being female cannot be a party to the proceedings as “respondents” under the Act of 2005.

3. The contention of counsel for the petitioner, while giving challenge to the orders impugned, is that the Courts below while withdrawing proceedings against the respondents failed to appreciate that provis

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