Naheed Ara Moonis, J. - (1.) SUPPLEMENTARY affidavit has been filed today which is taken on record.
(2.) HEARD Sri Shashank Tripathi, learned counsel for the petitioner as well as learned A.G.A. and also perused the material placed on record. The instant writ petition has been filed with a prayer to issue writ of certiorari quashing the order dated 8.1.2015 passed by the learned Additional Sessions Judge, Court No. 4, Jhansi in Criminal Appeal No. 60 of 2014, under Section 23 of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred as an "Act") and the order dated 30.8.2014 passed by the Judicial Magistrate, Court No. 10, Jhansi in Case No. 3677 of 2014, under Sections 12, 17, 18, 19, 20, 21, 22, 23 of the Act, police station Kotwali, District Jhansi.
(3.) THE submission of the learned counsel for the petitioner is that the orders passed by the two courts below are vitiated in law when the mandatory provision, as prescribed under the Act, has not been followed. Learned counsel has elaborated his argument by submitting that the learned Magistrate has not followed the procedure as prescribed under Section 12 of the Act provides for that the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider before passing any order on the application moved under Section 23 of the Act and thus the order granting interim maintenance to the respondent No. 2 is perse illegal, unwarranted and liable to be quashed.;