This Court is of the view that Section 468 of Cr.P.C.
has applicability in the matter of Domestic Violence only at the
stage of applicability of Section 32 of Domestic Violence Act
where question of taking cognizance is involved. So far as
applicability of Section 468 of Cr.P.C. is concerned, this section
shall not apply in Domestic Violence Act prior to Section 32 of
Domestic Violence Act.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.993 of 2019
Amit Kumar Ramanand Singh Vs State of Bihar
CORAM: MR. JUSTICE DR. ANSHUMAN
Date : 11-04-2023.
Heard learned counsel for the petitioner and learned
A.P.P. for the State.
The present Cr. Revision Application has been filed
against the order dated 25.06.2019 passed by Additional District
& Sessions Judge XIV, Muzaffarpur in Cr. Appeal No. 59 of 2018
arising out of Case No.C-1435 of 2016 under Protection of
Women from Domestic Violence Act, 2015 as well as against the
order dated 22.08.2017 passed by S.D.J.M., Muzaffarpur (East) in
C-1435 of 2016 under Domestic Violence Act, by which, the court
of S.D.J.M. has directed the petitioner no.1 to secure the proper
and safe accommodation for opposite party No.2 in the house or
in separate house, if opposite party No.2 wants so they shall keep
her with full respect and dignity and shall pay Rs.20,000/-
(Twenty Thousands Rupees) per month. It was also ordered that
the payment of money shall be made on 15th day of every month
by depositing it in bank account of opposite party No.2.
Learned counsel for the petitioner submits that both
the orders are not sustainable due to three reasons. The first reason
on which the counsel put emphasis that the order for residence
cannot be made as an interim order and, as such, the order passed
by original court and the order affirming the order passed by
original court by the trial court are fit to be set-aside. In addition
to that counsel for the petitioner has raised two more points, the
first point he has raised is that the money fixed at Rs.20,000/- per
month is without any reason and without any basis. It should be
fixed as per the capacity of petitioner otherwise the order could
not be complied. Learned counsel further submits that it is a case
of Domestic Violence Act, therefore, it is necessary for the court
to first held about the existence of domestic violence and then
provide relief under the said Act.
Learned counsel for the petitioner also submits that
Section 468 of Cr.P.C. i.e. the limitation in taking cognizance shall
applicable in the present case.
Learned counsel for the State submits that both the
orders have been passed completely in accordance with law. It has
also been submitted that special power has been vested under
Section 23 of the Act in the court to grant interim and ex-parte
orders and in this view of the matter, the present order which is
basically an order passed as an interim order and ex-parte order is
absolutely a valid order and need no interference.
From the perusal of the documents and hearing the
parties, it is admitted that a women who is subject to domestic
violence has right to file an application for interim as well as
residential relief. The said order to secure proper and safe
accommodation for opposite party No.2 in the house or in
separate house as well as to pay Rs.20,000/- for her maintenance
is basically a protection order under Section 18 of Domestic
Violence Act which has to be passed on being prima-facie
satisfied that domestic violence has taken place or is likely to be
taken place then pass a protection order in favour of aggrieved
person and prohibit the respondents. Similarly order for payment
of money is the subject matter of Section 18(e) of Domestic
Violence Act.
This Court is of the view that Section 468 of Cr.P.C.
has applicability in the matter of Domestic Violence only at the
stage of applicability of Section 32 of Domestic Violence Act
where question of taking cognizance is involved. So far as
applicability of Section 468 of Cr.P.C. is concerned, this section
shall not apply in Domestic Violence Act prior to Section 32 of
Domestic Violence Act.
Hence, in this view of the matter the said order is
basically an interim order and fit to be sustained, therefore, the
present Cr. Revision Application is hereby dismissed and the
order dated 25.06.2019 passed by Additional District & Sessions
Judge XIV, Muzaffarpur in Cr. Appeal No. 59 of 2018 arising out
of Case No.C-1435 of 2016 under Protection of Women from
Domestic Violence Act, 2015 as well as against the order dated
22.08.2017 passed by S.D.J.M., Muzaffarpur (East) in C-1435 of
2016 under Domestic Violence Act are hereby sustained.
Ritik/-
(Dr. Anshuman, J.)
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