Allowed

Smt. M.P. Vijayalaxmi v. The State of Telangana and 6 others

Telangana HC8 Jul 2022CRLP/5991/2022

Case brief

AI extract

What is this about?

Criminal petition filed under Section 482 CrPC to expedite disposal of a domestic violence case pending for nine years allowed. Court directed lower court to dispose within four weeks citing violation of Section 12(5) DVC Act.

What did the court decide?

Court directed the Judicial Magistrate at Chevella to dispose of DVC.No.3 of 2013 within four weeks and report compliance.

Smt. M.P. Vijayalaxmi Vs The State of… — Pension and Retirement Benefits | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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CRIMINAL PETITION NO: 5991 OF 2022

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Between:

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Smt. M.P. Vijayalaxmi, Wo. B. Nagabhushanam Aged about. 29 years, Occ. Government Teacher, R/o. H.No.9-24, Near Railway Station, Shankarpally, Ranga Reddy District.

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...PETITIONERYCOMPLAINANT

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AND

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The State of Telangana Rep by its Public Prosecutor, High Court at Hyderabad for the State of Telangana.

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Dr. Bukkamatam Nagabhushanam, S/o. B. Baswaiah Aged about. 49 years, Occ. Government Doctor, R/o. Flat No.403, Kubera Complex, # 1-5-25 to 29, Musheerabad, Hyderabad.

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Mr. Bukkamatam Basawaiah, S/o. Late B. Kotaiah,T- Aged about. 76 years, Occ. Retd. Medical Practitioner, R/o. Flat No.403, Kubera Complex, #1-5-25 to 29. Musheerabad, Hyderabad.

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Mr. Bukkamatam Dhananjaya, died

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Smt. B. Uma, Wo. Shankaraiah Aged about. 54 years, Occ. Housewife, R/o. Flat No.203, Kubera Complex, # 1-5-25 to 29, Musheerabad, Hyderabad.

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Smt. B. Kathyayani, Wo. Vishwanath, Aged about. 52 years, Occ. Housewife, R/o. H.No.2-2-18133, D.D. Colony, Bagh Amberpet, Hyderabad.

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Sri. Vyragyam Shankaraiah, S/o. Sambaiah Aged about. 62 years, Occ. Retd. Bank Employee, R/o. Flat No.203, Kubeia Complex, # 1-5:25 to 29, Musheerabad, Hyderabad

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...RESPONDENTS/RESPONDENTS

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Petition under Section 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 court below to expedite the proceeding of CRL. MP 108 of 2017 within a period of 2 weeks pending disposal the present petition.

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This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CHANDRASEN LAW OFFICES ,Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No.'l None Appeared

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The Court made the following: ORDER

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HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITI ON No.59 9l of2022

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ORDER:

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Heard the submission of learned counsel for the petitioner and the learned Assistant public prosecutor who is representing respondent No. 1. Having regard to the limited relief sought for, notice to respondent Nos.2 to 7 is felt not necessary.

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Seeking to direct the Court of Judicial Megistrate of First Class, Chevella to expedite the proceedings and dispose of DVC.No.3 of 2013 that is pending on the lile of the said Court, the present Criminal petition is filed.

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Learned counsel for the petitioner submits that DVC was liled by the petitioner in the year 2013 and till now, the proceedings are going on and therefore, the petitionei has approached this Court seeking al order directing the Court below to expedite the proceedings and dispose of the DVC that is filed by her.

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The DVC which is referred by the learned counsel for the petitioner, as per ttre material available on record, is

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Dr.CSL.,r CrlpNo.Sggl of 2Ob2

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DVc.No.3 of 2or3 which is pending on the file of the court of Juclicial Magistrate of First Class, Chevella. The petitioner by filing the said DVC has sought for issuance of protection order, residence order and monetar5r relief. As per the provisions of the protection of Women from Domestic Violence Act, 2005 (hereinafter referred aS othe DVC A<:1,, for brevit;r), the aggrieved person or the protection officer or any person,on behalf of the aggrieved person irs entitled to file an application seeking various kinds of reliefs as enshrined under Sections 1g to 22 of t] e DVC Act.

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Learned Assistant public prosecutor has brought to the notice: of this Court the salutary provision that is contajned in the DVC Act, wherein and whereby the Courts which are dealing with the applications filed for gra,t of various orrlsls for protection of women are required to dispose of the applications time bound.

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Section 12(S) of the DVC Act lays down that the Magistrate shall make all endeavour to dispose of every application that is made under sub-section (1) of Section

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a L)

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D..CSL, J CrlPNo.5991 of 2O22

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12 of the DVC Act within a period of sixty (60) days from the date of its first hearing. In the case on hand, by the material available on record, it is clear that the DVC filed by the petitioner is pending since nine years. This cannot be permitted. Therefore, this Court considers that there is justification in the relief sought for by the rearned counsel for the petitioner.

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Resultantly, the Criminal petition is altowed. The Court of Judicial Magistrate of First Class, Chevella, is directed to dispose of DVC.No.3 of 2Ol3 that is pending on the file of the said Court within a period of four weeks from the date of receipt of a copy of this order and report complialce.

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B. As a sequel, pending miscellaleous applications,

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if any, shall stand closed.

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SD/-G.SlREESHA ASSISTANTiEGISTRAR //TRUE COPY// qD SECTION OFFICER

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To,

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1 . The Judicial First Class Magistrate at Chevella. 2. One CC to SRl. CHANDRASEN LAW OFF|CES, Advocate. IOPUCI

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One CC to SRl. PUBLIC PROSECUTOR, High Court for the State oi Telangana at Hyderabad.[OUT] 4. Two CD Copies

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One Spare Copy

HIGH COURT

DATED:08t0il2022

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ORDER

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CRLP.No.S9rgl of 2022

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ALLOWINGTHE CRIMINAL PETITION WITHOUT C()STS

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Smt. M.P. Vijayalaxmi v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

Smt. M.P. Vijayalaxmi v. The State of Telangana and 6 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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