S. Ravindra Bhat, J. —This judgment answers a reference to this Division Bench, requiring resolution of a conflict between the decision of two learned Single Judges of this Court on the question whether a Magistrate can act straightaway on a complaint made by an aggrieved person, under the Protection of Women from Domestic Violence Act, 2005 (hereafter “the Act”). A learned Single Judge had considered and ruled upon the Scope and effect of different provisions in an earlier decision of this Court. Another learned Single Judge by order dated 3.5.2012 referred the present matter to the Chief Justice for being placed before a Division Bench for consideration. In these circumstances, the reference was assigned to this Court for its opinion. The precise question which this Court is called upon to answer is whether calling for and considering the report of the Protection Officer under the Act is mandatory before the Court can issue notice to a Respondent in an application under Section 12 of the Act.

2. The issue arose in this case, before the learned Single Judge in the context of a challenge from the order dated 31st May, 2011 passed by the learned Metropolitan Magistrate in c