M.Cr.C.No.5829/2013 19.09.2013 Shri Pramod Thakre, Advocate for the applicants.
None for the respondent though served.
Heard the learned counsel for the applicant.
The applicants by this petition under Section 482 of Cr.P.C.have challenged the proceeding pending before the JMFC Jabalpur in M.Cr.C.No.16/2012 registered for the offence under Sections 9 and 12 of the Protection of Women from Domestic Violence Act, 2005.
After considering the submission made by the learned counsel for the applicant and looking to the facts and circumstances of the case, the case is dependent on the fact that no report from the Protection Officer was filed by the respondent in the case and the Magistrate took cognizance in the case.
The learned counsel for the applicants has placed his reliance on the order of the Single Bench of this Court in the case of “Santoshy Gaharwar versus State”., [2012(4) MPLJ 615 in which it is led that without getting report of the Protection Officer, the Magistrate could not take cognizance in the case and no notice could be issued to the opposite party.
However, in the present case, the report of the Protection Officer is available on record, and therefore not the learned Magistrate is competent to take cognizance in the case.
There is no time limit mentioned for taking cognizance in such a case.
Under such circumstances, the present petition filed by the applicants under Section 482 of Cr.P.C.is hereby disposed off with a direction that after taking report of the Protection Officer on record, the Magistrate shall proceed for taking cognizance afresh and to issue fresh notice to the applicants.
Consequently, the interim stay granted by this Court is hereby vacated.
A copy of this order be sent to the trial Court for information and compliance.
(N.K.Gupta) Judge Ansari