1 WP 1351.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL WRIT PETITION NO. 1351 OF 2011 Mr. Jigar Saratkumar Shah & Ors. ... Petitioners. V/s. Ms. Hetal Jigar Shah & Anr. ... Respondents. Mr. Kapil Dave for the Petitioners. Mr. Akhilesh Upadhyay for Respondent 1. Mr. S.A. Shaikh, APP for the State. CORAM : K.U. CHANDIWAL, J. DATED : 06th SEPTEMBER 2011. P.C. :- Heard learned Counsel for the Petitioner, Respondent and also Smt. Hetal, Respondent No.1. 2. The basic question raised by the Petitioner is the learned Judicial Magistrate, First Class has committed an error in issuing notice to the Applicant in the Enquiry Application No. 49 of 2009, purported to be under the Protection of Women from Domestic Violence Act, 2005 (for short D.V. Act). 3. The learned Counsel for the Petitioner has read the scheme of Section 12 and submits that the Section has an in- built arrangement which needs to be adhered. As per Rule 6, there should be a report from the Protection Officer which also 2 WP 1351.11.sxw should be in such format and contain such particulars as may be prescribed as nearly as possible thereto. 4. Though it is indicated by the learned Counsel for the Petitioners that no such mandatory compliance was adhered, to at this stage, this need not be gone into, as the learned Judge has issued notice to the Petitioners and has not opined as to the maintainability of the Petition pending before him. On hearing both the sides, he may pass appropriate order, including if the Petition lacks merit for defects. 5. Respondent Smt. Hetal accepts that though she has applied the learned Judge on 2nd July 2009, there are no interim orders favouring her for maintenance. 6. It is open for the Petitioners to address the learned Judge, for want of a report of Protection Officer, the Petition under Section 12 of D.V. Act would not be maintainable. 7. The point as raised by the Petitioners are kept open. They can challenge the proceedings in the Application No.49 of 2009. Till such objection is pressed before the learned Judge, it follows, he will not deal with application for interim relief. The parties to appear before the learned Judge on 15th October 2011. The Writ Petition disposed of. (K.U. CHANDIWAL,J.) 3 WP 1351.11.sxw