1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.3725/2009 Applicants:- 1. Vijay s/o Pandurang Khobragade, aged 39 years, Occ. Service in O.P. Jindal Hospital as a Hemodylisis Technician, R/o Quarter of O.P. Jindal Hospital, Kharsia Road, P.S. Kotra Road, Raigadh – 496001. 2. Smt. Rajani @ Pinki Rushiya, aged about 31 years, Occ. Service in O.P. Jindal Hospital, R/o Quarter of O.P. Jindal Hospital, C/o Vijay s/o Pandurang Khobragade, Kharsia road, P.S. Kotra Road, Raigadh – 496001. ...Versus... Non-applicant :- Smt. Nalanda w/o Vijay Khobragade, aged about 37 years, Occupation : Nil, r/o Kunjilalpeth, Near Manawata High School, c/o Anjanabai w/o Shrawan Patil, P.S. Ajani, Nagpur. --------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------- [Shri S.K. Sable, Adv. for applicants] CORAM:- A.B. CHAUDHARI, J. DATED :- 16.02.2010 1. Heard learned Counsel for the applicants. He submits that the complaint that was filed by the wife before the Additional Chief Judicial Magistrate, Nagpur under the Protection of Women From Domestic Violence Act, 2005 was not filed in the format prescribed by the said Act and the schedule and therefore, the complaint ought to be dismissed on that ground alone. 2 2. Admittedly, the applicants had invoked revisional jurisdiction of the Session Judge to set up this challenge and the applicants could not succeed. 3. I have gone through the impugned revisional judgment and order and I am fully convinced that the format cannot decide the fate of a case and the revisional Court has rightly found that the procedural law is handmaid and cannot supersede the substantive law. The reasoning furnished by the revisional Court is legal correct and proper and no fault can be found out with the same. In the result, I find no merit in the present criminal application. The same is, therefore, dismissed. JUDGE SSW