acts of violence

DVC retrospective – None of the reliefs claimed in D.V.C. No.8 of 2011 by the 2nd respondent can be called crimes. Though, the Act empowers a Magistrate to entertain the complaint of an aggrieved person under Section 12 of the Act and makes it incumbent on the Magistrate to make enquiry of the same under the Code of Criminal Procedure, 1973, reliefs under Sections 18 to 22 of the Act are in the nature of civil reliefs only. It is only violation of order of the Magistrate which becomes an offence under Section 31 of the Act and which attracts penalty for breach of protection order by any of the respondents. Similarly Section 33 of the Act provides for penalty for discharging duty by Protection Officer. Except under Sections 31 and 33 of the Act which occur in Chapter V, all the reliefs claimed under Chapter IV of the Act are not offences and enquiry of rights of the aggrieved person under Sections 18 to 22 of the Act cannot be termed as trial of a criminal case.Further, this Court in Sikakollu Chandra Mohan v Sikakollu Saraswati Devi by order dated 06.07.2010 in Crl.R.C.No.1093 of 2010 held that it cannot be said that provisions of the Act cannot be invoked in case separation between the parties was prior to the Act coming into force. Therefore, contention of the petitioners fails. 3. In the result, the Criminal Petition is dismissed.

HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.5921 of 2012 13.08.2012 Gundu Chandrasekhar and others 1. The State of A.P., rep by Public Prosecutor, High Court of A.P.,And another Counsel for the Petitioners: Sri Gaddam Srinivas Counsel for the Respondents: Additional Public Prosecutor <Gist : >Head Note: ? Cases referred: 2009(1) ALT (Cri)-285 ORDER: The … Continue reading →