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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved On : 30.03.2012

Decided on : 17.05.2012

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CRL.M.C. 3083/2011 & CRL.M.A.10914/2011

SHAMBHU PRASAD SINGH

..... Petitioner

Through: Mr. Mr. Tarkeshwar Nath with Mr. B.L. Pandey &

Mr.Saurabh Kumar Tuteja, Advocates

versus

MANJARI

..... Respondent

Through: Mr. Prashant Katara with Mr. Anuj Sehrawat,

Advocates

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT

HON'BLE MR. JUSTICE S.P.GARG

MR. JUSTICE S.RAVINDRA BHAT

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1. 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 Woman 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

03.05.2012 referred the present matter to the Chief Justice for