Sachindra Nath Rakshit and Others v. State of West Bengal and Ors.
Case brief
What is this about?
Calcutta High Court, Criminal Revisional Jurisdiction, C.R.R. 1297 of 2024, disposed 01.04.2024 by Justice Tirthankar Ghosh. Petitioners aggrieved by order of admission dated 13.06.2023 of Chief Judicial Magistrate, Paschim Medinipur in Misc. Case No. 127/2023. Statutory appellate remedy under Section 29, Protection of Women from Domestic Violence Act, 2005 directed to be availed first through the District and Sessions Judge; criminal revision not entertained. Themes: maintainability of revision where statutory appeal lies; appellate provision under DV Act; domestic violence proceedings before CJM; advocate Pallab Mohan Chakraborti for petitioners.
What did the court decide?
As the statute provides an appellate provision under Section 29 of the Protection of Women from Domestic Violence Act, 2005, the District and Sessions Judge should be approached first under the relevant provisions; on that basis the revisional application is disposed of.