Order disposing of Criminal Petition No. 562 of 2020. The court held the petition covered by a prior common order dispensing with presence of relatives (except husband) in domestic violence proceedings under DVC Act, 2005.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI [$
THURSDAY THE TWENTY FIRST DAY OF DECEMBER Ci TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 562 OF 7n?n
Between:
...Petitioner/Accused 1-5
...Defacto ComplainanVRespondents
Pstition under Section 48? nf Pr d p r^.stated in the Memorandum of Ground*; nf^p^circumstances be pleased to quash the proceedinn. in ^'9^ ^ourt may f'*® Additional Judicial I class Maaistrafp m h^w^’^°i^^ against the Petitioner/Accused. ^ ^ West Godavari District, LA. NO: 1 OF ?n?n stated i:;:rMro"®d“roVGrL°nds"orcrl^:^r,"^ :T' ^ Clrcuatstances be pleased to grant stay of all furthpr nmn ’^®btion, the High Court may file of Additional Judfcial I daL DVC.No.16 of 2019,onthe District, including the appearance the AcS t^m T'"’ G^^avari Petition Accused till the disposal of the Mainr' Quash
THE HON’BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No. 562 of 2020
ORDER:
The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the petitioners/A. 1 to A.5, seeking to quash the proceedings in D.V.C.No.16 of 2019 on the file of the Court of Additional Judicial First Class Magistrate, Nidadhavole, West GodavariDistrict. 2. Heard Sri Palla Balu Anil Kumar, learned counsel for the petitionersand Ms. D.Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/respondent No.l. 3. It is represented by the learned counsel for the petitionersand acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by a common order passed by this Court in Criminal PetitionNo.599of 2023 and batch, dated 16.03.2023, wherein this Court held as follows:
under Section 482 CrPC with certain self-imposed restrictions. In mew of the principle laid down inI NandkishiorPralhad Vyawahare V. Mangala case, this Court IS of the opinion that inherent power of the High Court can be invoked subject to self-imposed restrictions, including availability of an efifcacious alternative remedy under Section 29 of the DVC Act, 2005, so as to adhere to redressal of their grievances arising out of the orders passed in a proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 of the DVC Act, 2005. 14. The present Criminal Petitions are ifled seeking to quash the proceedings initiated against the petitioners under the provisions of the DVC Act, 2005. Though various contentions have been raised in the petitions, the only grievance of the petitioners is that their presence may be dispensed with, in the proceedings before the Court below. Having considered the submissions of the learned counsel, this Court dispenses with the presence of the petitioners, who are relatives of husband, except husband, before the Court below, except on those occasions when the learned Magistrate feels that their presence ISi necessary, 15. With the aforesaid observations and directions, the Criminal Petitions are disposed of Miscellaneous petitions, If any pending, in the Criminal Petitions, shall stand closed. ”
- Hence, following the said Order passed by this Court i ..n Criminal Petition No.599 of 2023 and batch, dated 16.03.2023 and taking into consideration of the facts and circumstances of the case. this cnminal petition is disposed of. Cons,dering the subntiss.ons
3
made, the presence of the petitioners before the trial Court ISi dispensed with,unless there is a specific direction by the trial Court for their presence on particular dates.
above observations.
Pending applications, if any, shall stand closed.
SD/- N NAGAMMA ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
Stu sree p wb-c
HIGH COURT
DATED:21/12/2023
ORDER
CRLP.No.562 of 2020
DISPOSING OF THE CRIMINAL PETITION
§ U)pi'e^
pn fc
I'iu
H/o. D.No.
Amaravathi, Pradesh
Venkata Jyothirmai Pratapa
As recorded by the court registry
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