A.Srinivasa Rao and 3 Ors. v. Prl. Secy. Home Dept. and 2 Ors.

Andhra Pradesh HC10 Mar 2024WP/2597/2016

Case brief

AI extract

What is this about?

This order dismisses a writ petition filed under Article 226 seeking to quash Domestic Violence Case No. 9/2014. The court held that since the underlying case was already contested and partially allowed by the trial court in 2015, the writ petition lacks maintainability and is closed without costs.

What did the court decide?

Writ petition closed; interlocutory applications closed; no order as to costs.

A.Srinivasa Rao and 3 Ors. Vs Prl… — Civil Procedure and Limitation | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE DR JUSTICE K. MANMADHA RAO

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WRIT PETITION NO: 2597 OF 2016

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Between:

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Amara Srinivasa Rao, @ Srinivasulu, S/o. Rambabu, Hindu, Aged 36 years, Occ; Private R/o. D.No. 8-3-16, Near Petrol Bunk, Kothapet, Ongole, Prakasam District.

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Amara Rambabu, S/o. Venkateswarlu, Hindu, aged 65 years, Occ: Sinecure, R/o D.No. 8-3-16, Near Petrol BUnk, Kothapet, Ongole, Prakasam District.

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Amara Aruna, W/o. Rambabu, Hindu, aged 62 years,^{Occ:Household,} R/o. D.No. 8-3-16, Near Petrol Bunk, Kothapet, Ongole, Prakasam District.

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Amara @ Maddula Saisirisha, W/o. Vamsi Krishna, Hindu, aged 30 years, Occ: Housewife, H.No.12-6-2, Flat No.205, 2"^^ Floor, Venkatapushpa Towers, V.V. Nagar, Kukatpalli, Hyderabad.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad.

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The Protection Officer, Office of the Project Director,^{DistrictWomen} and Child Welfare Department, Ongole, Prakasam District.

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Amara Saroja, W/o. Sreenivasarao, Hindu, Aged 30 years, R/o. H.No.10-2-14(3), Near .BAKR Degree College, Ongole,^Prakasam District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order or direction more particularly one in the nature of Writ of Certiorari Calling for the records pertaining to the DVC.No 9/2014 on the file of II Addl. Munsif Magistrate Ongole , Prakasam District

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and quash the same against the petitioners only as being illegal, arbitrary and violation of Principles of Natural Justice.

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I.A. NO: 1 OF 2016(WPMP. NO: 3260 OF 2016)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to grant stay of all further proceedings including appearance of the petitioners in DVC No. 9/2014 on the file of the II Additional Munsif Magistrate, Ongole pending disposal of the above writ petition.

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Counsel for the Petitioners : SRI GANDURI NAGESWARA RAO

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Counsel for the Respondent No.1 : GP FOR HOME

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Counsel for the Respondent No.2 : GP FOR WOMEN DEVELOPMENT & CHILD WELFARE

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Counsel for the Respondent No.3 : NONE APPEARED

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The Court made the following: ORDER

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APHC010078142016

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3310]

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(Special Original Jurisdiction)

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MONDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2597/2016

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Between:

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A.srinivasa Rao & 3 Ors. and Others ...PETITIONER(S)

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AND

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Prl Secy Home Dept 2 Ors and Others ...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.GANDURI NAGESWARA RAO Counsel for the Respondent(S);

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1.GP FOR HOME (AP)

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2.15547/GP FOR WOMEN DEV-CHILD WELFARE(AP)

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The Court made the following:

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ORDER:

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None appeared for the petitioners. Learned Assistant Government Pleader for Home for the respondents is present.

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Perused the affidavit.

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On perusing the affidavit filed by the petitioners,^{itisobservedthat,} the petitioners filed the present writ petition calling for the records

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. pertaining to the DVC No.9 of 2014 on the file of II Additional Muns.f Magistrate, Ongole, Prakasam District, and quash the same against the petitioners, as being illegal and arbitrary.

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As seen from e-courts proceedings, it is observed that, the DVC No.09 of 2014 was contested and Allowed in-part by the II Additional Munsif Magistrate, Ongole, Prakasam District, vide judgment, dated 20.01.2015. In view of the same, nothing survives in the present writ petition. Further those proceedings are not considered for quashing the FIR under Article 226 of the Constitution and hence the writ petition is not maintainable and the same is liable to be closed.

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Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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As a sequel, interlocutory applications, if any pending, shall stand

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closed.

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Sd/- M SRINIVAS ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

One CC to Sri Ganduri Nageswara Rao, Advocate [OPUC]

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Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP for Women Development & Child Welfare, High Court of Andhra Pradesh. [OUT]

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Three C.D. Copies.

Cnr PRK

HIGH COURT

DATED:11/03/2024

ORDER

WP.No.2597 of 2016

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CLOSING THE W.P. WITHOUT COSTS

A.Srinivasa Rao and 3 Ors. v. Prl. Secy. Home Dept. and 2 Ors.

Case brief

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A.Srinivasa Rao and 3 Ors. v. Prl. Secy. Home Dept. and 2 Ors.

Case brief

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