Salil Kumar Adv 26 December 2021
Dr J C Vashista (Advocate) 27 December 2021
What is the judgment of the Magistrate on the application ?
However, revision against order passed by Magistrate is to be filed before Sessions Court.
Salil Kumar Adv 27 December 2021
Megha 29 January 2022
Hi,
As per section 374 of the Code of Criminal Procedure, 1973, any person aggrieved by the order of a Magistrate may prefer an appeal to Sessions Court. Or if the order is such that it affects your fundamental rights, violates the principle of natural justice, you may also consider filing a writ before the High Court under Artcile 226 of the constitution.
Best regards,
Megha
Dr J C Vashista (Advocate) 30 January 2022
Section 29 in The Protection of Women from Domestic Violence Act, 2005 provides:
29. Appeal.—There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.
Who has advised you to move in appeal u/s 374 Cr PC to assail the judgment in a case filed under section 12 of the Protection of Women from Domestic Violence Act, 2005 ?