Allowed

Makkuva Srilakshmi v. the State of Andhra Pradesh

Andhra Pradesh HC12 Sept 2024CRLP/6397/2024

Case brief

AI extract

What is this about?

In a criminal petition filed under CrPC 1973 Sections 483/482, the High Court directed the Additional Judicial Magistrate at Salur to dispose of the respondent's Domestic Violence case (D.V.C. No.08 of 2020), pending since 2020, within eight weeks.

What did the court decide?

Directed the Additional Judicial Magistrate, Salur, to dispose of D.V.C. No.08 of 2020 expeditiously within eight weeks.

Makkuva Srilakshmi Vs the State of Andhra Pradesh — Domestic Violence | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 6397 OF 2024

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Between:

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Makkuva Srilakshmi, W/o.Ramesh, Aged 32 years, Presently residing at K.V.R.Township, Salur withing the limits of Salur Town^{PoliceStation} Viziangaram District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Public Prosecutor, Amaravati.

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Makkuva Ramesh, S/o.Appalaswamy, Aged 35 years, R/o.Pithanivari Street, Maharanipeta Visakhapatnam -2.

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Makkuva Appalaswamy, S/o.Not known. Aged 63 years, R/o.Pithanivari Street, Maharanipeta Visakhapatnam -2.

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Makkuva Lakshmi, W/o.Appalaswamy, Aged 58 years, R/o.Pithanivari Street, Maharanipeta Visakhapatnam -2.

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Garugubilli Ramadevi, W/o. Krishna, Aged 43 years,^{R/o.Pithanivari} Street, Maharanipeta, Visakhapatnam -2.

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Garugubilli Krishna, S/o.Not known. Aged 48 years, R/o.Pithanivari Street, Maharanipeta, Visakhapatnam -2.

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...RESPONDENTS

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Petition under Section 483 r/w 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the learned Addl. Judicial Magistrate of First Class, Salur to dispose of D.V.C.^No.08of2020. This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri Sravan Kumar Naidana, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent Nos.2 to 6. The Court made the following ORDER :

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APHC010393152024

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IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI [3368]

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FRIDAY, THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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CRIMINAL PETITION NO: 6397/2024

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Between:

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Makkuva Srilakshmi

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...PETITIONER/ACCUSED

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. AND

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The State of Andhra ...RESPONDENT/COMPLAINANT(S) Pradesh and Others

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Counsel for the Petitioner/accused:

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1.SRAVAN KUMAR NAIDANA

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Counsel for the Respondent/complainant(S):

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PUBLIC PROSECUTOR

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The Court made the following:

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ORDER:

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This Criminal Petition is filed by the petitioner, under Section 483 r/w 482 of Code of Criminal Procedure, 1973 corresponding to Section 529 r/w 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the learned Additional^Judicial

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♦

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Magistrate of First Class, Salur to dispose of D.V.C. No.08 of 2020.

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Sri Sravan Kumar Naidana, learned counsel for the petitioner would submit that the only request of the petitioner is to direct the trial Court to dispose of the D.V.C.No.08 of 2020, filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 as expeditiously as possible, as^thematter was pending from the year 2020.

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Learned Assistant Public Prosecutor takes notice for respondent No. 1/State.

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As per Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 "the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing”.

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Undisputedly, the case on hand was filed in the year²⁰²⁰ and not yet disposed of as per the time line stated^above.

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In the light of foregoing discussions, the Criminal^Petitionis disposed of at the stage of admission, directing the learned Magistrate to dispose of D.V.C.No.08 of 2020 on the file of learned Additional Judicial Magistrate of First Class, Salur, as

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expeditiously as possible, preferably within a period of eight (08)

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weeks from the date of receipt of copy of this order.

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As a sequel, miscellaneous applications pending, if any,

shall stand closed.

SDI- G.HELA NAIDU

ASSISTANT REGISTRAR

//TRUE COPY//

s^ertonrOFFicER

To,

The Additional Judicial Magistrate of I Class Court at Salur, Vizianagaram District.

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One CC to SRI. SRAVAN KUMAR NAIDANA Advocate [OPUC]

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Two CCs to Public Prosecutor High Court Of Andhra Pradesh at

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Amaravathi [OUT]

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THREE CD COPIES

TAC

HIGH COURT

DATED;13/09/2024

ORDER

CRLP.No.6397 of 2024

^Of
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S 16 OCT 23."’( m.
cr
Current Gectjo-

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DISPOSING THE CRLP

Makkuva Srilakshmi v. the State of Andhra Pradesh

Case brief

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Makkuva Srilakshmi v. the State of Andhra Pradesh

Case brief

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