[2025:RJ-JP:21875] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 8723/2024 Vishnu Kanwar W/o Shri Bhupendra Singh Rathore, Aged About 36 Years, Resident Of Kannoj, Tehsil Kekari, District Ajmer (Rajasthan) ----Petitioner Versus Devraj Singh S/o Shri Sajjan Singh, Age About Adult Years, Resident Of Kannoj, Tehsil Kekari, District Ajmer (Rajasthan) ----Respondent For Petitioner(s) : Mr. Jhalawar Alam Salawat For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 23/05/2025 1. The instant petition is filed under section 528 of BNSS challenging the impugned order dated 12.11.2024 passed by learned Additional District Judge No.2, Kekri Ajmer, District Ajmer in Criminal Revision Petition No.27/2022, whereby, the petitioner's prayer for adducing the State Government as a party was dismissed and the order of Trial Court dated 24.07.2019 was affirmed. 2. It is contended by learned counsel for the petitioner that both the Courts below erred in observing that State Government is not a party. Vide order dated 24.07.2019, the cognizance was taken against the Devendra Singh, Bhupendra Singh, Dalpat Singh under Section 31 of the Domestic Violence Act along with Section 353 of IPC. The Court while passing the cognizance order against the aforesaid persons did not direct to adduce the State Government as a party, therefore, the order passed by the Courts below may be quashed and set aside. [2025:RJ-JP:21875] (2 of 2) [CRLMP-8723/2024] 3. Heard and perused the material available on record. 4. Present is the complaint case filed under Sections 12, 13, 14, 15 and 19 of the Domestic Violence Act and as per the Section 31 of the Domestic Violence Act, a breach of protection order, or an interim protection order is an offence. Section 32 of the Domestic Violence Act enumerates that "Notwithstanding anything contained in the Code of Criminal Procedure Code, 1973, the offence under Sub-section (1) of the Section 31 of shall be cognizable and non- bailable." The Sub-Section 2 of Section 32 of the Domestic Violence Act further provides that upon the sole testimony of the aggrieved persons, the Court may conclude that an offence under Sub-Section (1) of Section 31 has been committed by the accused. 5. Nowhere in the Domestic Violence Act, it is stated that if any cognizance is taken under Section 31 of the Domestic Violence Act, then the State Government shall be a necessary party. The complainant itself is empowered to prosecute and submit the evidence with regard to any breach as enshrined under Section 31 of the Domestic Violence Act. Though, the learned Additional District and Sessions Judge No.2, Kekri has wrongly entertained the revision petition as specific provision of appeal under Section 29 of the Domestic Violence Act is in existence, however, the result is the same that State Government is not a proper party and the petitioner herself is competent to pursue the complaint in the alleged offence against the accused. 6. Therefore, the petition sans any merit, hence dismissed. (PRAVE1ER BHATNAGAR),J Keshav/128