IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER S.B. CRIMINAL MISC. PETITION NO.140/2008 Abdul Karim & Ors. Vs. Smt. Shsmim Bano 28.01.2008. HON'BLE MR;. JUISTICE DALIP SINGH Shri Vijay Punia, for the petitioner. Shri Arun Sharma, Public Prosecutor. In the instant case the order under Section 23 of Protection of Women from Domestic Violence Act, 2005 has been passed by the learned Magistrate against the husband and the members of the family of the husband who are the petitioners before this court. The grievance of the petitioners is that the learned revisional court, despite the fact that the objection has been taken in the reply filed before the learned Magistrate, has not considered the objection and has not dealt with the same regarding the fact that the complainant, wife of Tofik Qureshi Smt. Shamim Bano did not reside with the petitioners and both were living separately from the petitioners. So far the above objection is concerned the same finds place in para 3 of the reply to the complainant and from the orders of both the courts below dated 13.2.2007 as well as the order dated 10.8.2007 the same does not appear to have been dealt with by both the courts. Similarly the learned courts below have not considered the fact that the order under Section 20 of Protection of Women from Domestic Violence Act 2005 or for that matter for interim/exparte orders under Section 23 can be passed only against the respondent. The act defines “respondent” as any adult male under Section 2-q of the Act 2005. In that view of the matter the courts below have not considered or dealt with this aspect as to whether the orders could have been passed under the provisions of Section 23 read with Section 20 against the petitioner No.2 Mst. Bismilla wife of Abdul Karim and Nafisha the wife of Shri Ummed. In the light of the definition of the respondent given under Section 2-q of the Act of 2005. Since these aspects not having been dealt with by the revisional court, in the facts and circumstances I deem it proper to remand the case to the revisional court of the learned Additional Sessions Judge, Shahpura district Jaipur for decision of the revision petition afresh after considering the above aspect in accordance with law. This criminal misc. petition under Section 482 Cr.P.C. is allowed to the aforesaid extent and the case is remanded to the learned revisional court. The petitioner is directed to appear before the revisional court of the Additional Sessions Judge, Shahpura, District Jaipur on 11.2.2008. The learned revisional court shall issue notices to the non petitioner and decide the revision petition after service. This criminal misc. petition under Section 482 Cr.P.C. stands allowed. The impugned order dated 20.8.2007 is set aside. The stay petition also stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS