Application made by the applicant under the Domestic Violence Act for protection order can not be viewed as a complaint of the offence u/s 31 of the Domestic Violence Act.
In the instant case, learned Magistrate passed an interim protection order granting maintenance which by itself does not constitute an offence. Section 31of the Domestic Violence Act makes a breach of protection order, final or interim, an offence under the said Act. Issue of the applicability of Section 468 of the Code of Criminal Procedure, 1973 prescribing bar to taking cognizance after the lapse of the period of limitation prescribed therein would only arise at the time of taking cognizance of such an offence as spelt out under section 31 of theDomestic Violence Act. On the date of the alleged desertion of the respondents, there was no protection order and as such there could be no breach of it translating the said occurrence into a crime as spelt out under Section 31 of the said Act. Thus, the application made by the applicant under the Domestic Violence Act for protection order can not be viewed as a complaint of the offence u/s 31 of the Domestic Violence Act. Submission on behalf of the petitioner that the present proceedings are hit by Section 468 of the Code of CriminalProcedure, 1973 is, therefore, without any merit. Learned Sessions Judge, Ahmednagar, therefore, rightly dismissed such submission made on behalf of the petitioners by making pertinent observations at para 22 of the impugned judgment.
