Koropolu Venkata Narasimha Murthy Vs The State of Andhra Pradesh

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

Crl.P.No.5796 of 2012

O R D E R:

The petitioners 1 to 6 are the respondents 1 to 6 in D.V.C.No.10 of 2011 in the lower Court. The 1^st petitioner is husband of the 2^nd respondent/aggrieved person. The petitioners 2 and 3 are parents, the 5^th petitioner is married sister and the 6^th petitioner is elder brother of the 1^st petitioner. The 4^th petitioner is husband of the 5^th petitioner. The petitioners 4 and 5 are residents of Tuni, whereas the petitioners 1 to 3 and 6 are residents of Anakapalli. The case is pending at Salur. Simply because case under Section 498A IPC is filed against the petitioners 1 to 3 only, it cannot be said that there is improvement in D.V.C. against the petitioners 4 to 6. Scope of Section 498A IPC is entirely different from scope of enquiry under the Protection of Women from Domestic Violence Act, 2005. In D.V.C., the 2^nd respondent is claiming protection order under Section 18 of the said Act against all the petitioners. Therefore, it cannot be said that any of the petitioners is not necessary

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party to the case or that the case is filed to harass the petitioners. At any rate, presence of the petitioners 2 to 6 during enquiry in the lower Court may not be necessary on every date of adjournment as their identity cannot be disputed.

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In the result, the Criminal Petition is dismissed. However, the Judicial Magistrate of the First Class, Salur is directed to dispense with presence of the petitioners 2 to 6 who are the respondents 2 to 6 in D.V.C.No.10 of 2011 during enquiry of the case, except on the date of delivery of order.

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____________________________ SAMUDRALA GOVINDARAJULU,J

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Dt. 1^st August, 2012 PNV

Koropolu Venkata Narasimha Murthy v. The State of Andhra Pradesh

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Koropolu Venkata Narasimha Murthy v. The State of Andhra Pradesh

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