I need advice/suggestions and case laws/citations ,if in PWDV(Domestic Violence case) the Protection officer has not submitted any Report then whether the Magistrate can proceed with the case.Is the case maintinable then also ?
SOUMITRA SEN (SR MANAGER) 10 August 2013
I need advice/suggestions and case laws/citations ,if in PWDV(Domestic Violence case) the Protection officer has not submitted any Report then whether the Magistrate can proceed with the case.Is the case maintinable then also ?
Manoj Kumar Jain (abc) 10 August 2013
Yes, Magistrare can proceeds case without DIR of protection officer.
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 10 August 2013
Declining to dilute the "wide powers" of the Domestic Violence Act, the Delhi High Court has ruled that a magistrate can act straightaway on a complaint by a victim and does not need to first seek an inquiry report from a protection officer.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 11 August 2013
Dear Querist
Read section 12 of PWDV Act
B.N.Raja Mohamed (ADVOCATE) 11 August 2013
Sir,
In view of the Act, the protection officer is bound to submit a domestic incident report. If not the officer can be held liable for the dereliction of duty.
If the magistrate doesnot receive any report from the social welfare officer he can remind him with an order to call for the report. Without that report he cannot proceed in view of the Act but can treat the case as a private complaint alone for the offences alone cited without ordering for any interim reliefs as enumerated int the D.V.Act.
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