Domestic incident report is still pending in my case from eight months. Magistrate called a domestic incident report from the protection officer when I filed a complaint under section 12 of the domestic violence act. More than twenty three dates have gone but the domestic incident report has not been filed by the protection officer. My advocate time and again requested the court to take action against the protection officer for not submitting that report. No action has been taken by the magistrate against the protection officer. In this situation I am facing many difficulties. My husband has filed a divorce case against me in the Mathura family court.
Asked from: Uttar Pradesh
The Magistrate has no power to take action against the protection officer if he is not filing a domestic incident report. Therefore, do not request the court to take action against the protection officer for causing a delay in filing the domestic incident report.
In this situation, you should file a miscellaneous application in the court, requesting cognizance of the offence and issuance of a notice to the respondent even in the absence of the domestic incident report.
When the complaint is directly filed by the aggrieved person, either by herself or through an advocate, it is not mandatory for the Magistrate to seek a domestic incident report (DIR) from the protection officer.
A domestic incident report is mandatory only when the protection officer or service provider files a complaint on behalf of the aggrieved person.
The provisions of the Domestic Violence Act 2005 do not require that only the aggrieved person can file a complaint. A protection officer, service provider, or any other person can file a complaint on behalf of the victim of domestic violence.
In Prabha Tyagi vs. Kamlesh Devi (2022), the Supreme Court held that the Magistrate can take cognizance of the offence and issue a notice to the respondent even in the absence of a domestic incident report.
You should file a miscellaneous application in the court, requesting cognizance of the offence and issuance of a notice to the accused in the absence of a DIR. The Magistrate cannot seek a DIR if the complaint is filed by the aggrieved person, either by herself or through an advocate.
Domestic incident report is pending for eight month is seriously affecting the progress of your case. You should try to expedite the proceedings and seek time bound disposal of your case. Therefore, you should approach the high court under Section 483 crpc (code of criminal procedure).
You can pray from the High Court for early disposal of miscellaneous application as well as the complaint. The High Court shall direct the Magistrate to expedite the proceedings and dispose of the case within a fixed time.
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