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2016 Supreme(Tri) 196

S.TALAPATRA
Md. Jahar Hossain Bhuiya, son of Md. Jamal Uddin Bhuiya – Appellant
Versus
Hasina Begam – Respondent


Advocates Appeared:
For the Petitioners: Mr. D.K. Daschoudhury
For the Respondents: Mr. G.S. Bhattacharji

JUDGMENT :

Heard Mr. D. K. Daschoudhury, learned counsel appearing for the petitioners as well as Mr. G.S. Bhattacharji, learned counsel appearing for the respondents.

2. By filing this revision petition under Article 227 of the Constitution of India, read with Section 482 of the Cr.P.C., the judgment dated 29.04.2015 delivered in Criminal Appeal No. 29(3) of 2014 is partly challenged.

3. The appeal which was filed by the petitioner under Section 29 of the Protection of Women from the Domestic Violence Act, 2005 was from the order dated 18.06.2014, delivered in the proceeding for the protection order and for return of the Stridhan being CR(DV)21 of 2013. By the order dated 18.06.2014, the Magistrate has directed as under :

"Thus, therefore, considering all this aspect, I find, as the present case is filed after one year of domestic violence, the same is barred by law of limitation and not maintainable and the aggrieved petitioner is not entitled to get any Stridhan and properties."

The said appeal was filed to question the legality of that findings.

4. By the impugned order dated 29.04.2015, delivered in Criminal Appeal No. 29(3) of 2014 that finding was reversed on observing as under :

"








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