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2015 Supreme(Tri) 61

DEEPAK GUPTA, U.B.SAHA
Bachu Miah – Appellant
Versus
Ranu Begum – Respondent


Advocates:
Advocate Appeared:
For the appellant:Mr. A. Bhowmik, Advocate.
For the respondents:Mr. A.K. Bhowmik, Sr. Advocate. Mr. R. Datta, Advocate.

JUDGMENT :

Deepak Gupta, J.

This writ appeal is directed against the judgment dated 25.08.2014 passed in W.P(Crl.)2 of 2014 whereby a learned Single Judge of this Court after discussing the entire law on the subject issued the following directions:-

[17] On study of the various provisions of the PWDV Act, 2005, this Court holds as under:

(i) An aggrieved person within the meaning of Section 2(a) of the PWDV Act, 2005 may directly approach the Magistrate for passing any order under Section 12 read with Sections 18/19/20/21/22 & 23 of the PWDV Act without making any report to the Protection Officer.

(ii) When an aggrieved person or any other person gives information to the Protection Officer, the Protection Officer is under obligation under Section 9(1)(d) to make a Domestic Incident Report (DIR) to the Magistrate in the Form I under Rule 5 of the of the PWDV Rules, 2006.

(iii) If such DIR is available, the aggrieved person may file an application to the Magistrate under Section 12 of the PWDV Act, 2005 in Form II under Rule 6 of the PWDV Rules, 2006 taking or without taking assistance of the Protection Officer in preparing her application and forwarding the same to the concerne






























































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