BIROBRATA PAUL AND ANR Vs. STATE OF ASSAM AND ANR
LAWS(GAU)-2018-7-14
HIGH COURT OF GAUHATI
Decided on July 10,2018

Birobrata Paul And Anr Appellant
VERSUS
STATE OF ASSAM And ANR Respondents

JUDGEMENT

Mir Alfaz Ali, J. - (1.) Heard Mrs. K. Deka, learned counsel for the petitioners. Also heard Mr. D. P. Borah, learned counsel representing the respondents.
(2.) This petition under Section 482 Cr.P.C. has been filed praying for setting aside the orders issuing process and the proceeding in Misc. Case No.47/2016 under Section 12 of the Domestic Violence Act, 2005 pending in the Court of Sub-Divisional Judicial Magistrate (S) No.1, Kamrup (M), Guwahati.
(3.) The respondent No.2 herein is the wife of petitioner No.1. The respondent No.2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter, for short, the Domestic Violence Act) alleging domestic violence and seeking relief of residence order under Section 19, monetary relief under section 20, compensation order under section 22 as well as interim relief under section 23(2) of the Domestic Violence Act. On receipt of the application the learned Judicial Magistrate by order dated 07.06.2016 issued notice to the respondents/petitioners and also called for a domestic incident report from the concerned officer fixing the next date on 21.06.2016. On the next date fixed i.e. on 21.06.2016 the present petitioner entered appearance through counsel and sought for time to file written statement and the domestic incident report was also received on that date. The next date was fixed for filing written statement by the present petitioner on his prayer. However, instead of filing written statement the respondent/petitioner has filed the present petition under section 482 Cr.P.C. praying for setting aside the abovementioned orders passed by the learned Magistrate and also for quashing the proceeding itself.;


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