Criminal petition filed under Section 482 Cr.P.C. praying for direction to civil court to dispose of domestic violence case without unnecessary adjournments within six months, considering the petitioners' advanced age.
Directed concerned Court to conclude proceedings within 6 months from receipt of certified copy.
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NC: 2023:KHC:19030 CRL.P No. 2769 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2769 OF 2023
BETWEEN:
…PETITIONERS
(BY SMT. DIVYA K., ADVOCATE)
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
AND:
NC: 2023:KHC:19030 CRL.P No. 2769 of 2023
LAKSHMIDEVI TEMPLE ROAD, GANGODNAHALLI, LAKSHMIPURA, BENGALURU – 562 123.
NOW PRESENT ADDRESS AT 5th CROSS, 3rd MAIN, PRAKRUTHINAGARA LAYOUT, THOTAGUDDADHALLI, NAGASANDRA POST, BENGALURU - 560 073.
…RESPONDENTS
THIS CRL.P. IS FILED U/S.482 OF CR.P.C. PRAYING TO ISSUE A DIRECTION TO THE CIVIL JUDGE AND JMFC, NELAMANGALA TO DISPOSE OFF THE CASE IN C. MISC NO.491/2019 FILED BY THE 1ST AND 2ND RESPONDENTS UNDER SECTION 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, AND FIX A TIME LIMIT FOR THE SAME.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC:19030 CRL.P No. 2769 of 2023
ORDER
Heard the learned counsel for the petitioners.
2. The petitioners seeks the following prayers:
"1. Issue a direction to the I Addl. Civil Judge and JMFC, Nelamangala to dispose off the case in C.Misc.No.491/2019 filed by the 1st and 2nd Respondents under Section 12 of Protection of Women from Domestic Violence Act, 2005; and fix a time limit for the same.
2. Grant such other refliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity."
proceedings further in accordance with law by not granting unnecessary adjournments and conclude the proceedings as
NC: 2023:KHC:19030 CRL.P No. 2769 of 2023
expeditiously as possible, at any rate, within a period of 6 months from the date of receipt of certified copy of this order.
Order accordingly.
Sd/JUDGE
RKA List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the criminal court should direct the civil court to dispose of domestic violence proceedings expeditiously to protect elderly petitioners.
2 provisions across 2 enactments
Sri. C. Puttarudraiah
Smt. Siddagangamma
Smt. S. Vanitha
V. Devika
Sri. P. Vedamurthy
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
