Dv Case Diss Missed by Utrakhand High Court

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION U/S 482(C482) 609 of 2007   New No. of 0 FATEH SINGH CHAUHAN AND ANOTHER ...........Petitioner(s) Versus STATE AND OTHERS ...........Respondent(s) ...........Advocates for Petitioner(s) ...........Advocates for Respondent(s) Arising out of......... Coram: Hon`ble P.C.Pant,J. Dated: 30/08/2007 Judgment: Heard. Admit the petition. Issue notices to respondent No. 2 Smt. Archana Pal Chauhan, who may file her he r counter affidavit, within a period of three weeks. Also heard on prayer for interim stay. It is argued on behalf of the petitioners that the respondent No. 2 has initiated litigations one after  another against her husband and the petitioners, who are father-in-law and mother-in-law of respondent  No. 2. Apart from a case under Section 125 of the Cr.P.C. Cr.P.C. instituted against her husband, respondent respondent  No. 2 has lodged first information report against the petitioners relating to offences punishable under  Section 498-A and 323 of I.P.C. It is further alleged that the present complaint under the Protection of  Women from Domestic Violence Act, 2005, instituted against the petitioners is nothing but abuse of   process of law. It is further submitted that no Protection Protection Officer has been appointed, as required under  Section 12 of the aforesaid Act, and a nd it is contended that the Magistrate should not have entertained the complaint directly. Without expressing any opinion as to the final merits of the case, in the above circumstances, it is directed that the operation of the impugned orders dated 01.05.2007, passed by the Chief Judicial Magistrate, Dehradun, and order dated 14.08.2007, passed by Additional Sessions Judge II, Dehradun, shall remain stayed, until further orders of this Court. (P.C. P., J.) 30.08.2007