The revision petitioner herein is the respondent in proceedings in M.C.No.11 of 2008, on the file of the Judicial Magistrate-I, Panruti, and the respondent herein filed an application before the learned Magistrate under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking certain reliefs.

2. In the proceedings, the respondent herein to examine herself as P.W.1 by way of giving evidence, filed a proof of affidavit. At that stage, the petitioner herein filed a memo of objection stating that there is no provision either in the Criminal Procedure Code or in the Indian Evidence Act to file an affidavit as a substitute for the oral evidence. The objection memo was dismissed by the learned Judicial Magistrate-I, Panruti. Aggrieved by the said order, the petitioner herein has preferred this criminal revision petition.

3. The learned counsel appearing for the petitioner submitted that as per Section 60 of the Indian Evidence Act, the oral evidence must be direct and there is no specific provision like the Negotiable Instruments Act to let in evidence by way of filing proof of affidavit. The learned counsel for the petitioner further submitted that the e