Thade Harikiran & 2-Ors v. Hyderabad & Anr.
Case at a glance
- Bench
- RAJA ELANGO
Provisions considered
Key paragraphs
- Para 55. With the above observation, the Criminal Petition is disposed of at the stage of admission. _______________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6114 OF 2010 Circulation No. 103 Date: 15-02-2011 Court Master : I…
Judgment
Cause title
The State of Andhra Pradesh Represented by its Public Prosecutor High Court of Andhra Pradesh Hyderabad & Anr. … Respondents
Counsel for the Petitioners :
Sri Ch.Venkateswara Rao Counsel for the Respondent No.1 : Addl. Public Prosecutor Counsel for the Respondent No.2: Sri J. Sunil Babu The Court made the following order : (order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6114 OF 2010
O R D E R :
This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the proceedings against the petitioners in DVC.No. 1 of 2010 on the file of the Court of Judicial Magistrate of First Class, Pulivendula, Kadapa district, grant stay of all further proceedings including appearance of the petitioners, pending disposal of the criminal petition and to pass such other suitable orders, as this Court may deem fit and proper in the circumstances of the case.
Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor representing the State- Respondent No.1 and Sri J.Sunil Babu, the learned counsel representing Respondent No.2 and perused the records.
On perusal of the record, it appears that the defacto complainant filed the above DVC under section 12 of the Protection of Women from Domestic Violence Act, 2005 (43 of 2005) and made allegations against the petitioners in her complaint with regard to the harassment being meted out in her domestic life. Prima facie, this Court is not inclined to quash the proceedings, as there are some allegations made by the defacto complainant against the petitioners and the same have to be enquired into by the learned Magistrate. The dispute arises between the relatives and hence the question of identity of the petitioners-accused does not arise before concerned court. Hence, the presence of the petitioners before the trial court is dispensed with and all further proceedings may go on.
In view of the observation made in the order, the learned Magistrate is directed to permit the petitioners to be represented through their counsel. However, the petitioners shall attend the concerned court as and when the learned Magistrate specifically directs them to appear before the trial court.
With the above observation, the Criminal Petition is disposed of at the stage of admission. _______________________ JUSTICE RAJA ELANGO 15-02-2011 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 6114 OF 2010 Circulation No. 103 Date: 15-02-2011 Court Master : I s L
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.