ORAL JUDGMENT

Date : 01-04-2024 Present learned counsel for the petitioner. However, on repeated calls, none appears for the respondent.

02. Heard learned counsel for the petitioner and I intend to dispose of the present petition at the stage of admission itself since it has been observed on the last date of hearing, that the respondent has already been served and another opportunity was given to her despite that she did not appear.

03. In the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 08.02.2017 passed in Civil Misc. Appeal No. 04 of 2015 by the learned District & Sessions Judge, Kishanganj reversing/setting aside the order dated 09.10.2015 passed in Case No. C 1306 of 2010 by the learned Judicial Magistrate- 1st Class, Kishanganj whereby and whereunder the learned trial court dismissed the complainant/respondent’s case filed under Sections 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act, 2015 (hereinafter referred to as ‘the Act’).

04. Learned counsel for the petitioner submits that the learned appellate court went beyond its jurisdiction and passed the order, which is not sustaina