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R.K.BAG
Kalyan Roy – Appellant
Versus
Priyanka Roy (Banerjee) – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Bikash Ranjan Bhattacharyya, Mr. R. S. Chattopadhyay, Mr. U. S. Chattopadhyay, Mr. S. S. Chattopadhyay, Mr. Santanu Maji, Mr. Matriprasad Das, Advocates
For the Opp.Party:Mr. Jahar Lal De, Party Mr. Bibaswan Bhattacharya, Advocates

JUDGMENT

R. K. Bag, J.—The petitioner has challenged the order dated May 18, 2015 passed by Learned Sessions Judge, Birbhum in Criminal Appeal No.03 of 2015 reversing the order passed by Learned Magistrate by filing this revision under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

2. It appears from record that the opposite party filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as PWDV Act) against the petitioner and other in-laws of the opposite party before the Court of Learned Chief Judicial Magistrate, Birbhum. The opposite party prayed for protection order under Section 18 of the PWDV Act and custody of her minor daughter under Section 21 of PWDV Act. By order dated January 6, 2015, Learned Magistrate refused to hand over the custody of the minor daughter from the petitioner/father to the opposite party/mother. The said order of Learned Magistrate was challenged by the opposite party before Learned Sessions Judge, Birbhum. Learned Sessions Judge, Birbhum disposed of the said Criminal Appeal No.03 of 2015 by giving direction to the petitioner/father to hand over the custody of t







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