P BABU VENKATESH Vs. RANI

JUDGEMENT

(1.) (Revisions filed under Section 397 and 401 of Cr.P.C against the order passed by the learned Judicial Crl.R.C.No.48 of 2008 is filed challenging the order passed by the learned Judicial Magistrate No.6, Salem in Crl.M.P. No.5231 of 2007 dated 31.12.2007 and Crl.R.C.No.148 of 2008 is filed challenging the order dated 11.1.2008 passed by the very same learned Judicial Magistrate in CRL.M.P.No.176 of 2008.

(2.) THE first petitioner is the husband, second petitioner is the mother-in-law and the third petitioner is sister-in-law of the respondent. Invoking the provision under section 23(2) of Protection of Women from Domestic Violence Act, 2005, the respondent sought for an ex-parte residence order in Crl.M.P.No.5231 of 2007.

(3.) THE respondent thereafter filed a petition in C.M.P.No.176 of 2008 invoking the provision under section 31 of the Protection of Women from Domestic Violence Act, 2005 seeking to enforce the order already passed in Crl.M.P.No.5231 of 2007 alleging therein that the petitioners have locked the premises dishonouring the residence order passed by the learned Judicial Magistrate. THE learned Judicial Magistrate having heard both sides passed an order on 11.1.2008 directing the police to break open the lock and give protection to the respondent herein to reside in the house. THE said order is under challenge in Crl.R.C.No.148 of 2008.