T V RAO Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-64
HIGH COURT OF ANDHRA PRADESH
Decided on March 19,2019

T V Rao Appellant
VERSUS
State of Telangana Respondents




JUDGEMENT

P Naveen Rao, J. - (1.)Heard learned counsel for the petitioners, learned Government Pleader for Women and Child Welfare appearing for respondents 1 and 2, learned Government Pleader for Home appearing for respondent No.3 and Smt. S. Nanda, learned counsel appearing for respondent No.4.
(2.)This Writ Petition is filed challenging the order of IV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad, dated 27.11.2015 made in Crl.M.P.No.203 of 2015 in D.V.C.No.57 of 2013, whereunder he has set aside order dismissing the DVC for non prosecution and restored the D.V.C.
(3.)The facts relevant to consider the issue are as under:
Petitioners 1 and 2 are parents of husband of respondent no.4, and petitioner No.3 is daughter of petitioners 1 and 2. Petitioners are accused in C.C.No.375 of 2012 on the file of XIII Additional Chief Metropolitan Magistrate, Hyderabad, alleging committing of crime under Sec. 498-A of I.P.C. With the assistance of Protection Officer, respondent No.4 filed complaint dated 28.01.2013 with respondent No.2 under 'the Protection of Women From Domestic Violence Act, 2005' (for short, 'the Act') alleging domestic violence. On the same day, the Protection Officer referred the complaint to IV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad. With the assistance and verification of protection officer, she filed application in Form II under Rule 6(1) praying to grant reliefs under various provisions of the Act. The learned Magistrate has taken the same on file and registered as D.V.C.No.57 of 2013 under Sec. 12 of the Act for reliefs under Sections 18, 19 and 20 of the Act. Petitioners in the Writ Petition are arrayed as respondents 2 to 4. The said D.V.C. was dismissed for non-prosecution on 08.07.2014. Respondent No.4 filed Crl.M.P.No.203 of 2015 praying to restore the D.V.C. and to hear the same on merits. By the order impugned, the learned Magistrate allowed the petition and restored D.V.C.

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