SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(AP) 43

U.DURGA PRASAD RAO
Giduthuri Kesari Kumar – Appellant
Versus
State of Telangana Rep. by Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:G. Abdul Khader, Advocate.
For the Respondents: R1, Public Prosecutor.

Judgment

1. All these Criminal Petitions are filed under Section 482 of Code of Criminal Procedure (Cr.P.C.) seeking to quash the proceedings in respect of Domestic Violence Cases (DVCs.).

2. This Court entertained a doubt regarding maintainability of these quash petitions in view of judgment of this Court in the case of Velisetti Chandra Rekha and another v. The State of A.P. and another (2010 (2) ALD (Crl.) 689 (AP) and hence, heard learned counsel for petitioners and learned Public Prosecutor.

3. In the above decision, in a similar petition filed to quash the proceedings in DV case, a learned single Judge of this High Court has observed thus:

“Para 2: The petitioners cannot be punished for any offence under the Act. Only on violating the Protection Orders passed under Section 18 of the Act and Residence Orders under Section 19 of the Act, the Magistrate can proceed under Section 31 of the Act and can summon the violators to show cause why penalty for breach of the protection should not be imposed on them. Further as per Section 32 of the Act, the offence under Sub-section (1) of Section 31 of the Act shall be a cognizable and non-bailable one. Before passing any orders, summons have






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top