Restoration of petition dismissed in default -- Implied powers of Magistrate
Since proceedings under the Domestic Violence Act are civil in nature, a Magistrate possesses implied power to restore a petition filed under S.12 of the Act that was dismissed in default -- CrPC, 1973, S.362, which bars alteration or review of judgments in criminal proceedings, cannot operate as a bar to the exercise of such implied power, particularly when the object is to ensure protection to the aggrieved person--Protection of Women from Domestic Violence Act, 2005, S.12. (Paras 13 & 16)
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