JUDGMENT

Date : 10-08-2023

1. Heard Mr. O.P. Bhati, learned counsel for the petitioner and Mr. M.K. Sarma, learned counsel for respondent Nos. 1 and 2.

2. The petitioner has filed an application u/s 401 of the Code of Criminal Procedure (Cr.PC for short) read with Section 227 of the Constitution of India challenging the validity of the order dated 28.10.2022 passed by the learned Sub-Divisional Judicial Magistrate No. 1, Kamrup (M), Guwahati in Misc. Case No. 40M/2014, Guwahati whereby the prayer of the petitioner ‘X’ (name withheld) for recalling the order dated 14.03.2022 has been rejected.

3. The learned counsel for the respondents has submitted that the original petition was filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act for short) and the order was passed on 14.03.2022. This petition is not maintainable as only appeal lies against an order passed in connection with any petition filed u/s 12 of the D.V. Act.

As per Section 29 of the D.V. Act –

“there shall lie an appeal to the Court of Sessions within 30 days from the date of which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is