The High Court dismissed a criminal petition under Section 482 CrPC seeking quashing of domestic violence proceedings due to petitioner's absence.
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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
THURSDAY THE THIRTYETH DAY OF DECEMBER TWO THOUSAND AND TEN
PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 2227 OF 2009.
Between:
Uppala Raghupathi Rao & Anr. … Petitioners V/s.
The State of Andhra Pradesh Represented by its Public Prosecutor, High Court of Andhra Pradesh Hyderabad & Anr. … Respondents
Counsel for the Petitioner : Sri K. Buchi Babu
Counsel for the Respondents : Addl.Public Prosecutor
The Court made the following order : (order follows 2nd page)
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 2227 OF 2009
O R D E R :
This Criminal Petition is filed under section 482 Cr.P.C. seeking to quash the proceedings in DVC.No.36 of 2008 on the file of the Court of Additional Judicial Magistrate of First Class, Karimnagar against the petitioner and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.
2. When the matter came up for hearing, the learned counsel for the petitioner called absent and there is no representation on his behalf.
3. Perused the records and heard the learned Additional Public Prosecutor representing the State.
4. In any event, taking into consideration the contentions raised in the criminal petition and also the case arising out of Domestic Violence Act 2005, this Court is of the opinion that the presence of the petitioner before the trial court is dispensed with except on the specific date on which the learned Magistrate directs the petitioner to be present before the trial court.
5. With the above observation, the Criminal Petition is dismissed.
______________________ JUSTICE RAJA ELANGO
30-12-2010 I s L
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No. 2227 OF 2009
Circulation No. 38 Date:30-12-2010 Court Master: IsL Computer No.43
1 issue framed by the court
Whether the criminal petition under Section 482 CrPC to quash the domestic violence proceedings should be dismissed.
1 provisions across 1 enactments
Uppala Raghupathi Rao & Anr.
The State of Andhra Pradesh
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
