Protection of Women from Domestic Violence Act, 2005–Sec. 12–Code of Criminal Procedure, 1973–Sec. 468–Ratio decided in the case of Adalat Prasad–Same applies when a Magistrate takes the cognizance of an offence and issues a process in which event instead of going back to the Magistrate, the remedy lies in filing the petition u/s. 482 of the Code–The scope of notice u/s. 12 of the Act is to call for a response from the respondent in terms of the statute so that after considering rival submissions, appropriate order can be issued–Thus, the matter stands on a different footing and the dictum in Adalat Prasad would not get attracted at the stage when a notice is issued u/s. 12 of the Act.
