1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.484 OF 2008 Shri.Darshanand Markendey Rai ..Petitioner -versus The State of Maharashtra and anr .. Respondents Mr.M.Y.Sayani, for the Petitioners Smt P.P.Shinde, APP for the state Shri.Gunratan Sadavarte for the respondent No.2 CORAM: A.V.POTDAR, J. DATED: 12 th February,2009 P.C. 1. Heard advocate for the petitioner and advocate for the respondent No.2. Perused judgment passed by Additional Chief Metropolitan Magistrate, 5th Court, Dadar, Mumbai, in Regular CC No.220/Misc/2007, and also by the Additional Sessions Judge at Sewari, in Criminal appeal No.l27 of 2007. Even today the Criminal revision is on board for admission. As limited point arises for my consideration, by consent of the parties, taken up for final hearing. 2. It is the grievance of the Petitioner that before taking cognizance by the Magistrate, he has to see that there is substantial compliance of the provisions under section 12 of the Protection of 2 Women From Domestic Violence Act, 2005. The compliance of this section do not find place in the order passed by the learned Additional Chief Metropolitan Magistrate, 5th Court at Dadar, as well as in the order passed by the learned Additional Sessions Judge in Criminal Appeal No.l27 of 2007. In absence of any report of the Protection Officer, under section l2, even though exercise is not futile, but it required to consider whether in fact there is domestic violence for which the complaint is lodged by the applicant -second respondent. In absence of this exercise, the order passed by both the Courts below are irregular which can not be cured. In the premises, the petition succeeds. The order passed by both Courts below are set aside. The matter is remanded to the Additional Chief Metropolitan Magistrate, fifth Court, at Dadar with direction to dispose of criminal case No.220/Misc/2007, within a period of three months from the date of this order, but after calling report from the Protection Officer as well as Service Provider as contemplated u/s l2 of the Act. Criminal Revision stands disposed of with this order. (A.V.POTDAR, J. )