Revision petitions under the Protection of Women from Domestic Violence Act are not maintainable if the aggrieved party can appeal the orders.

JUDGMENT

The Criminal Revision Petition is filed against the common order passed by the Judicial First Class Magistrate Court-I, Tirur, in C.M.P.Nos.196/2024 and 2947/2024 on 10.03.2025. Both the orders are passed by the learned Magistrate as per the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act’), which are appealable under Section 29 of the said Act.

2. In the present petition, the petitioner seeks the revisional jurisdiction of this Court to be invoked to set aside the aforesaid orders.

3. Going by the provisions contained in Sub-section (4) of Section 401 of the Criminal Procedure Code 1973 , it is not possible for this Court to entertain the revision, when the aggrieved person is having the option to prefer an appeal against the impugned order. Since the petitioner is having the option to take recourse to Section 29 of the Act, against the order passed by the learned Magistrate, the present petition is apparently not maintainable before this Court.