Full Judgment
B.CHANDRA KUMAR, J.
ORDER
1. This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner to quash the docket order dated 12.05.2009 made in C.F. No.1408 of 2009 in C.C. No.Nil of 2009 on the file of Judicial Magistrate of First Class, Dharmavaram, Anantapur district, and consequently direct the Magistrate to register the complaint and try the case as per the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act').
2. The petitioner herein is the complainant before the lower Court. She filed an application under Section 12 of the Act. The learned Magistrate returned the same with an endorsement "Complaint is to be filed before the Project Officer". Challenging the same, this petition has been filed. Section 12 of the Act is as follows.
12.Application to Magistrate:-
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. (2) The relief sought for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent:
3. Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off. (3) Every application under sub-section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto. (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court. (5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing."
3. The above provision is very clear that an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate. The said provision does not say that unless an aggrieved person approaches the Protection Officer, she cannot file an application under Section 12 of the Act. Even Form-II shows that an application may be filed either by an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person. The proviso only says that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. It has to be seen that under sub-section (5) of Section 12 the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. Under sub-section (4) of Section 12 the Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the Court.
4. The above provisions make it clear the need to dispose of the matters urgently. The duties of the police officers and service providers are envisaged under Section 5 of the Act and under Section 9 of the Act the Protection Officers have to assist the Magistrate in discharge of his functions under the provisions of the Act. The Magistrate may utilize the services of the Protection Officer and call for a report under the provisions of the Act. In view of the clear provisions of the Act, the impugned order appears to be without jurisdiction and the same is liable to be set aside.
5. Accordingly, the Criminal Petition is allowed and the impugned order is set aside. The learned Magistrate is directed to entertain the application filed by the petitioner and proceed in accordance with law.