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Amendment in DV

New amendment in dv act now deprived person is not just woman

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gajendra
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102 views1 page

Amendment in DV

New amendment in dv act now deprived person is not just woman

Uploaded by

gajendra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Honourable High Court of Allahabad

Saleem Ahmad v. State of U.P.


2024 SCC OnLine All 1731

Honourable High Court of Allahabad has held the proceedings before


the Magistrate relating to reliefs claimed under Protection of Women
from Domestic Violence Act, 2005 are essentially of a civil nature.
Hence, the Magistrate before whom the application under Section 12
of the Domestic Violence Act, 2005, is pending, has the jurisdiction or
the power to allow the application seeking amendment in the relief
clause of the original application. Magistrate can allow amendment in
the complaints before criminal courts which are governed by Code of
Criminal Procedure, 1973 although the power to allow such
amendment would have to be exercised with due caution and sparingly,
in appropriate circumstances.

35. There is a marked distinction between a ‘complaint’


contemplated under the D.V. Act and the D.V. Rules,
and a ‘complaint’ under the Cr. P.C.. A complaint under
Rule 2(b) of the D.V. Rules, has been defined as an
allegation made orally or in writing by any person to a
Protection Officer, whereas a complaint under Section
2(d) Cr. P.C. is any allegation made orally or in writing
to a Magistrate with a view to taking action under Cr.
P.C. that some person whether known or known has
committed an offence. The Magistrate dealing with an
application under Section 12 is not called upon to take
action for the commission of an offence; hence what is
contemplated is not a complaint but an application to a
Magistrate as set out in Rule 6(1) of the D.V. Rules. The
filing of an application under Section 12 of the D.V. Act,
can, therefore, not be equated to the lodging of
complaint or initiation of prosecution as contemplated
under the provisions of the Cr. P.C.

Drafted By Abhijit Mishra

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