Mohammed Rahees vs State of Rajasthan and Others

M.N. Bhandari, J.—By this criminal miscellaneous petition, a challenge is made to the order dated 11th November, 2014 so as the order dated 29th May, 2014. It is submitted that on filing of application under the provisions of Protection of Women from Domestic Violence Act, 2005 (for short "Act of 2005"), the matter was sent to get report from the Protection Officer after hearing both the parties. The Protection Officer had submitted report without hearing the petitioner. An application was then filed to call for fresh report after giving opportunity of hearing to the petitioner. The application aforesaid was dismissed. It was after ignoring the fact that the Court itself issued direction for report after hearing the parties. The petitioner then preferred a revision petition but the aforesaid was also dismissed without considering the issue raised by the petitioner. In view of above, both the impugned orders deserve to be set aside.

I have considered the submissions made by learned counsel and find that the report from the Protection Officer is not a decision where both the parties is to be heard. The report is called by the Court as per the provisions of the Act of 2005. The report was accordingly submitted but is not considered to be a final word against any of the parties. The petitioner would be having right to defend his case and to raise all the issues therein. The report would not nullify his right in any manner. Looking to the facts aforesaid, I do not find any illegality is committed by the Court below. Accordingly, this criminal miscellaneous petition is dismissed so as the stay application.