Section 28 also provides that the Magistrate can adopt a procedure of his own, but it should be understood that where the procedure is not at all contemplated by any law for the time being in force, then only the Magistrate by adhering to the principals of natural justice, but normally he should adopt the recognized procedure under the CrPC

Sri Vincent Shanthakumar vs Smt Christina Geetha Rani & another

Karnataka HC

28/04/2014

Cri Rev Pet No. 2309/2013

About/from the judgment:

Sec 28(2) Domestic Violence Act!

 

In para 43 it has very precisely stated that:

 

Section 28 also provides that the Magistrate can adopt a procedure of his own, but it should be understood that where the procedure is not at all contemplated by any law for the time being in force, then only the Magistrate by adhering to the principals of natural justice can adopt his own procedure for the purpose of expeditious disposal of the case but normally he should adopt the recognized procedure under the CrPC.

Read the Judgment

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