Ravi Nath Verma,J. - (1.) Challenge in this revision application is to the order dated 20.12.2014 passed by Additional Sessions Judge-VI, Fast Track Court, Dhanbad in Cr. Appeal No.134 of 2014 whereby and where under the order of Sub Divisional Judicial Magistrate, Dhanbad dated 03.09.2014 passed in C.P. Case No.1059 of 2011 refusing to dismiss the complaint case filed by the present opposite party no.2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005, (in short the D.V. Act, 2005), has been affirmed.
(2.) The solitary question, which has come up for consideration before this Court, is whether the non-receipt and non-consideration of the domestic incident report of Protection Officer before initiation of an enquiry under Section 12 of the D.V. Act, 2005 vitiates the entire proceeding
(3.) The relevant fact of the case which is necessary for the proper adjudication of the above issue, in short, is that an application under Section 12 of the D.V. Act, 2005 was filed by the complainant Supria Roy against the present petitioners on the allegation that her marriage with the present petitioner no.1-Mainak Roy was solemnized on 27.01.2008 at Dhanbad and on the very night of marriage her father-in-law, mother-in-law and brother-in-law misbehaved with her and with her parents. At the time of her Bidai also she was humiliated by them. It is also alleged that after Bidai she came to her matrimonial home but after 5 or 6 days of marriage she was tortured for demand of Maruti car and even she was assaulted in which she sustained injury and any how she escaped from there and took shelter in her parents house. Where after a case under Section 498A I.P.C. read with Section 3/4 of Dowry Prohibition Act was filed against the present petitioners and subsequently a petition for grant of maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as "the Code") was also filed by the complainant. The complainant in her complaint petition claimed various reliefs including right of residence and monitory relief.;