7. In Rakesh Sachdeva & Ors. Vs. State of Jharkhand & Anr. 2011 Crl.L.J. 158 (Jharkhand HC) it was held:
"12. It would thus appear that the proviso to Section 12 would impose that before passing any order on an application of the aggrieved person, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer. The order contemplated in the proviso relates to the final orders, which the Magistrate, may pass under Section 18 of the Act. The Protection orders, which the Magistrate may pass under Section 18 of the Act, is only on being prima facie satisfied that the domestic violence has taken place or is likely to take place. The insistence to take into consideration the domestic incident report of the Protection Officer would therefore, not apply at the stage of initiation of the enquiry under Section 12 of the Act. The contention of the petitioners that without considering the domestic incident report, the very initiation of the enquiry is bad, appears to be misconceived and therefore, not tenable."
2)it is not obligatory for a Magistrate either to call for a report from a Protection Officer or a Service Provider at the stage of taking cognizance of the complaint. However, if any such report is available before the Magistrate, the same should be taken into consideration."
9. A perusal of Section 12(1) D.V. Act permits any aggrieved person or a protection officer or any other person on behalf of the aggrieved person to present an application to the Magistrate seeking one or more reliefs under the Act. As per the proviso, before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the protection officer or the service provider. It may be noted that the very use of the word "any domestic incident report having been received" indicates that all cases where domestic incident report may be received, the same shall be considered. However, where no domestic incident report has been received, it is not mandatory for the Court to wait for the said report before issuing notice. Thus, the receipt of the domestic incident report is not a pre-requisite for issuing a notice to the Respondent. This position is further clarified from sub-Section (2) which says that the relief sought under Sub-Section (1) may include relief of issuance of an order of payment of compensation or damages without prejudice to the rights of such person to institute a suit for compensation for damages.
