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Category: High Court of Telangana Judgment or Order or Notification

B Venkat Rao Vs State of Telangana on 07 Nov 2023

Posted on March 24, 2024 by ShadesOfKnife

A single judge of Telangana High Court held as follows,

From Paras 3 and 4,

3. The petitioner who is the husband filed an application under Section 91 of Cr.P.C seeking a direction from the learned Magistrate for producing the passport copy of PW1. The learned Magistrate dismissed the said application on the ground that 91 Cr.P.C cannot be invoked against the witness and it would amount to testimonial compulsion.
4. The document sought to be produced is the passport of PW1. PW1 is a witness, not accused. In fact, in her cross examination on 01.11.2022, she stated that she can produce the passport if necessary. In the said circumstances, when the witness herself has volunteered to produce the passport, the same can be permitted. PW1 shall produce her passport for the purpose of cross examination.

B Venkat Rao Vs State of Telangana on 07 Nov 2023

This Order was challenged before the Apex Court here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision B Venkat Rao Vs State of Telangana CrPC 91 - Summons to produce document or other thing | Leave a comment

Pulipati Srinivas Vs State of Telangana and Ors on 14 Feb 2024

Posted on March 5, 2024 by ShadesOfKnife

A single judge bench of Telangana High Court imposed ‘exemplary costs on petitioner as well as learned counsel, to be quantified at Rs.15,00,000/- (Rupees fifteen lacs only) so as to prohibit them, in future, from filing cases which result in taxing the judicial time.’

From Paras 4-7,

4. Concealing / suppression of material facts would amount to abuse of process of law, playing fraud with Court as well as opposite party. The jurisdiction exercised by the High Court under Article 226 of the Constitution is extraordinary, equitable and discretionary and it is imperative that petitioner approaching the writ Court must come with clean hands and put forward all facts before the Court without concealing or suppressing anything. A litigant is bound to state the facts which are relevant to the litigation. If he / she withholds some vital / relevant material, in order to gain advantage over the other side, then he / she would be guilty of playing fraud which cannot be countenanced. The parties have to disclose the details of all legal proceedings and litigation either past or present concerning any part of the subject matter of dispute which is within their knowledge. In case, according to the parties to the lis, no legal proceedings or court litigation were or are pending, they have to mandatorily state so in their pleadings in order to resolve the dispute between the parties in accordance with law.
5. Alas, our judicial system is grossly afflicted with frivolous litigation, hence, ways and means need to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims. Litigation like the present one is contributing fuel to fire in mounting pendency, disabling the Courts to discharge the prime duty of justice dissemination. One needs to keep in mind that there is an innocent sufferer on the other side of every irresponsible and senseless claim.
6. This Court expresses its dissatisfaction on the unbecoming conduct of a legal practitioner such as the counsel for petitioner in this case for wasting judicial time by filing cases suppressing the facts. It is a well-known fact that there is huge pendency of cases and pressure on Judges in disposing of such cases is enormous. Genuine litigation is not getting the attention of this Court by this type of frivolous litigation. Earlier, on couple of occasions, this Court cautioned learned counsel to refrain from filing such type of cases which benefit no citizen. Learned counsel filed Writ Petition No. 37851 of 2022 wherein, for suppression of material events, this Court imposed Rs.1,00,000/- to petitioner. Thereafter, in Writ Petition No. 2666 of 2004, for the very same reason, this Court imposed costs of Rs.1,00,000/-, however, at the request of his junior colleagues, the said order was recalled. On the next occasion, on the same ground, when this Court warned the learned counsel, he sought permission to withdraw the Writ Petition. Keeping in view the financial status of the litigant, this Court has shown lenience and disposed of the Writ Petition. Still, learned counsel has been exhibiting the same attitude which forces this Court to impose exemplary costs on petitioner as well as learned counsel, to be quantified at Rs.15,00,000/- (Rupees fifteen lacs only) so as to prohibit them, in future, from filing cases which result in taxing the judicial time.
7. With the above observations, the Writ Petition is dismissed with costs of Rs. 15,00,000/- (Rupees Fifteen lacs only) to be deposited with Telangana High Court Legal Services Committee within four weeks from today. In default, needless to say, Registry shall list the Writ Petition before the Court.

Pulipati Srinivas Vs State of Telangana and Ors on 14 Feb 2024

Index of Perjury Judgements is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Advocate Antics Costs for Perjury Dismissed with Costs Perjury - Costs Levied or Imprisonment For Perjury Pulipati Srinivas Vs State of Telangana and Ors | Leave a comment

Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023

Posted on November 12, 2023 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

6. On perusal of record, it is evident that neither of the parties filed their affidavits reflecting their assets and liabilities. As per the directions of the Hon’ble Apex Court, while granting maintenance, the trial Court shall receive the affidavits containing assets and liabilities of both the parties and basing on the same, the trial Court shall decide whether maintenance should be awarded or not. In the present case, the trial Court did not follow the guidelines of the Hon’ble Apex Court. Therefore, the impugned order dated 11.08.2022 is liable to be set aside.

Chinta Vamshi Vs State of Telangana and Anr on 16 Oct 2023

Index of Maintenance Judgments is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Chinta Vamshi Vs State of Telangana and Anr Not followed Guidelines in Rajnesh Vs Neha Judgment Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr | Leave a comment

Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023

Posted on June 6, 2023 by ShadesOfKnife

A single judge bench of Telangana High Court granted compensation of Rs.2 lakhs for effecting illegal arrest.

From Para 7,

7. There cannot be any iota of doubt that a person who is arrested by the police is looked down by the society. It creates a scar on his personality and character. Arrest in normal course and in compliance with the provision of law, even if it causes injury to the person cannot give rise to cause of action to award damages. However, when there is violation of law and the person is subjected to humiliation and insult, action of the police authorities will have to be condemned in strict terms and consequently compensation in a given case needs to be awarded. The petitioner is well qualified and is working for a reputed company. It is contended that illegal arrest of the petitioner created mental agony, loss of reputation and created permanent scar on his life. Keeping in view the educational qualification and family background of the petitioner, it cannot be said that such statement of loss of reputation, mental agony etc., is an exaggeration. The social status in India varies from person to person. The factors like family background, educational qualification, economical status, profession etc., can be considered for grant of compensation to the victims. Right to live with dignity and self-respect is one of the facets guaranteed under Article 21 of the Constitution of India. No person shall be deprived of his right to live save by due process of law. The unimpeachable record placed before this Court proves that respondent Nos.6 and 7 acted in derogation of law. The notice under Section 41-A(1) of Cr.P.C. was issued without mentioning date and time and without giving sufficient time to the petitioner for compliance, straight away he was produced before the learned Magistrate who remanded him to judicial custody. For such lapses, respondent Nos.6 and 7 were inflicted with punishment in the departmental disciplinary proceedings. Thus, there is a clear violation of mandate of law in Arnesh Kumar’s case (Supra 1) and by doing so, respondent Nos.6 and 7 have infringed upon the fundamental life of the petitioner guaranteed to him under Article 21 of the Constitution of India.

From Para 8,

8. The learned senior counsel appearing for respondent Nos.6 and 7 submitted that respondent No.7 is a young officer having long service and if any further punishment is inflicted by this Court, it would shatter his career opportunities. The learned counsel for the petitioner submitted that Rs.5.00 lakh compensation may be awarded to the petitioner for loss of his reputation in the society on account of his illegal arrest by the erring police officials. However, considering the facts and circumstances of the case, an amount of Rs.2,00,000/- (Rupees two lakhs only) is awarded to the petitioner as compensation for the lapses committed by respondent Nos.6 and 7. Respondent No.1 shall pay the said amount to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order. Respondent No.1 is at liberty to recover the compensation amount i.e., Rs.1,00,000/- (Rupees one lakh only) each from respondent Nos.6 and 7. So far as the other reliefs are concerned, this Court is not inclined to grant any relief as respondent Nos.6 and 7 were already subjected to disciplinary proceedings and punishment was imposed against them.

 

Sana Nitish Kumar Reddy Vs State of Telangana on 26 April 2023
Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Misuse or Violation of CrPC 41A per Guidelines in Arnesh Kumar Judgment Police Antics Sana Nitish Kumar Reddy Vs State of Telangana | Leave a comment

Ayush Mahendra Vs State of Telangana on 05 Jan 2021

Posted on March 8, 2023 by ShadesOfKnife

A single judge bench of Telangana High Court passed this reportable judgment regarding whether a co-accused be a surety to accused in a criminal case.

From Paras 21-26,

21. As discussed supra, the prime object of the surety is to secure the presence of an accused for the purpose of concluding investigation and the trial after filing charge-sheet. A surety should be a fit person. Who is a fit person is not defined or explained anywhere in the Code. Generally, the surety must be a genuine person. He should not be a bogus person. Sureties come to the Court and give undertakings to the Court that he will ensure the presence of accused. If the accused fails to appear before the Court, surety bond executed by the surety will be forfeited. Thus, the Station House Officer has to ascertain the genuineness of surety. It is also relevant to note that there is no prohibition in the Code that the co-accused cannot stand as surety to any accused. It is also relevant to note that the prosecution has not filed any document to show that the mother of the accused is added as accused No. 2 in Crime No. 913 of 2020. Therefore, the Station House Officer, Madhapur Police Station is not justified in refusing to accept the surety of the mother of the accused. The mother of the accused whether she is co-accused or not can stand as a surety.

22. The apprehension of the prosecution is that both the petitioner and her mother are from Lucknow and there is every possibility of accused jumping on bail in which event the Investigating Officer will not be in a position to ensure the presence of the accused in concluding the investigation.

23. In view of the said apprehension, it is relevant to point out that there is provision in the Code to arrest the surety in the event of accused fails to appear before the Investigating Officer or Trial Court for concluding investigation or trial respectively. There is no provision in the Code to take any other step/action against surety except forfeiting the surety amount, and initiating the procedure laid down under Sections 82 and 83 of the Code which is lengthy procedure.

24. At the cost of repetition, as discussed supra, the object surety is to ensure the presence of accused for the purpose of completion of investigation and concluding of trial in case of filing of charge-sheet. The surety should be a fit person and a genuine person. He/She should not be a bogus person. The Court or the Station House Officer has to ascertain and take an undertaking from the surety that he/she will ensure the appearance of the accused for the purpose of completing the investigation and concluding the trial in case of filing charge-sheet. The Station House Officer should be satisfied the genuineness and identity of the surety including residential address of surety. The Station House Officer cannot reject or refuse to accept surety offered by mother of the accused, whether she is a co-accused or otherwise.

25. In the case on hand, the petitioner has filed copies of fixed deposit receipts obtained in the name of the mother of the petitioner, local surety and also filed copies of death certificate of his grandfather, flight tickets etc. After completion of funeral rites of his grandfather, he has reached the Hyderabad to offer sureties. But, the Station House Officer has refused to receive the same. In view of the above discussion, the Station House Officer, Madhapur, cannot refuse to accept the surety offered by the mother of the petitioner whether she is a co-accused or otherwise.

26. In view of the above discussion and also the authoritative principles of law, the Station House Officer, Madhapur Police Station, Cyberabad Commissionerate, is directed to accept the surety of mother of the petitioner-accused in compliance of the order dated 19.11.2020 passed by this Court in Crl. P No. 5782 of 2020. The time granted for surrender of the petitioner in the said order is extended by two weeks from the date of receipt of copy of this order.

Ayush Mahendra Vs State of Telangana on 05 Jan 2021

Citations: [2021 ALT CRI 1 230], [2021 ALD CRI 1 491], [2021 SCC ONLINE TS 1931]

Other Sources:

https://www.casemine.com/judgement/in/60af56e34653d00e3c27c6e2


Earlier Anticipatory Bail Order:

Ayush Mahendra Vs State of Telangana on 19 Nov 2020

 

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Ayush Mahendra Vs State of Telangana Catena of Landmark Judgments Referred/Cited to Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022

Posted on January 8, 2023 by ShadesOfKnife

The Hon’ble the Chief Justice of Telangana High Court held as follows,

From Para 42.1, 43, 44.1,

42.1. After referring to Section 205 CrPC, Supreme Court held that it is within the powers of the Magistrate and in his judicial discretion to dispense with the personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if the Magistrate finds that insistence on his personal presence would itself inflict enormous suffering or tribulations on the accused and the comparative advantage would be less.

43. Delhi High Court in Chandramauli Prasad (supra) examined Section 205 CrPC in the light of the decision of the Supreme Court in Bhaskar Industries Limited (supra) and held that provisions requiring the presence of the accused which mandate that the trial be held in his presence are enacted for the benefit of the accused. If the accused person himself does not wish to avail of the right of personal appearance on every date; if he reposes the fullest confidence in the court and in his advocate, and is confident that justice will be meted out to him even in his absence, then, provided his absence does not prejudice him in any way or hinder the progress of the trial, it is not necessary for the trial court to insist on his presence.
44.1. One of the criteria for exercising the power under Section 205 CrPC is that personal appearance of the accused on each and every date of trial should not result in unnecessary harassment of the accused. However, the Court must ensure that exemption from personal appearance is not abused to delay the trial.

And in Para 45,

45. In Hiremagalur Parthsarthy Shamalah (supra), Patna High Court while adverting to Section 205 CrPC and its discretionary nature, opined that power under Section 205 CrPC has to be exercised in a reasonable manner; Court should be liberal in granting exemption from personal appearance except where serious issues or allegations of moral turpitude are involved. Even after issuance of warrant, the High Court may dispense with the personal appearance in exercise of power under Section 482 CrPC if a proper case is made out for the ends of justice. In that case, the revision petitioners were high officials posted at Pune and Shillong while the trial was to be conducted at Patna. It was held that inconvenience would be caused if they were required to be present on each and every date of hearing; more so when the revision petitioners had given undertaking to be physically present in Court when so ordered by the Court. Mere fact that cognizance had been taken and the offences alleged are non-bailable cannot be reasons for rejecting the prayer under Section 205 CrPC.

Finally from Paras 48 and 49,

48. In so far the impugned order is concerned, the trial court has taken note of the changed circumstances i.e., petitioner occupying the constitutional office of Chief Minister of the neighbouring State of Andhra Pradesh. However, trial court referred to certain observations made by this Court in the order dated 31.08.2017 that “offences committed by the petitioner are grave offences affecting the economy of the country”. I am afraid it is not open to the trial court to rely upon such observations at the very threshold. These are allegations against the petitioner brought in the form of charge sheet. At this stage, it cannot be said that petitioner had committed the offence(s). Further, the trial court erred that being away from Andhra Pradesh for two days was not a ground to invoke the discretion of the court. The trial court further erred in taking the view that the changed circumstances has no bearing having regard to the offences and allegations made by the respondent/CBI being grave in nature.
49. In my considered opinion, learned Principal Special Judge fell in grave error by bringing in the above factors while considering the request of the petitioner for exemption from personal appearance. This is further aggravated by the observation of the learned Principal Special Judge that in criminal proceedings trial should be conducted in presence of the accused and therefore, his request for exemption from personal appearance should not be considered. I am afraid learned Principal Special Judge failed to appreciate the fact that the principle that trial has to be conducted in presence of the accused is to ensure that the accused gets a fair trial; nothing is done behind the back of the accused. Provision seeking exemption from  personal appearance is intended for the benefit of the accused. Those cannot be interpreted in a manner which causes hardship and prejudice to the accused.

YS Jagan Mohan Reddy Vs Central Bureau of Investigation on 26 Aug 2022

The earlier order from trial Court is here.

Y.S.Jagan Mohan Reddy Vs CBI on 01 Nov 2019

Index is here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 205 – Magistrate may dispense with personal attendance of accused YS Jagan Mohan Reddy Vs Central Bureau of Investigation | Leave a comment

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022

Posted on December 27, 2022 by ShadesOfKnife

A single judge bench of Telangana HC held as follows,

From Paras 3-7,

3. Learned counsel for the petitioner submits that the petitioner is arrayed as Accused No.3 in the Calendar Case in question and the trial Court insisted personal appearance of the petitioner for each and every adjournment and the petitioner has to accompany his daughter for her admission into College and, therefore, exemption from appearance may be granted till 10th October, 2022 by setting aside the impugned order dated 19.07.2022.
4. Per contra, the learned Assistant Public Prosecutor contends that the petitioner can invoke Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990.
5. Learned counsel for the petitioner submits that as his personal appearance is insisted by the trial Court, he did not invoke the said provision.
6. When there is dire necessity for the Accused to be present elsewhere and, therefore, cannot attend the trial Court and make personal appearance, the Courts are liable to consider the ground urged and apply a pragmatic approach. Therefore, this Court considers it desirable to dispose of the present Criminal Revision Case making such a direction.
7. Resultantly, this Criminal Revision Case is disposed of directing the Court of III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, not to insist upon personal appearance of the petitioner/Accused No.3 in C.C.No.280 of 2012 that is pending on the file of the said Court, in case the petitioner files an application either under Section 317/205 Cr.P.C. or under Rule 37 of the Criminal Rules of Practice and Circular Orders, 1990, by raising just and sufficient ground for exemption of personal appearance till 10th October, 2022.

Phani Bhushan Potu Vs State of Telangana and Anr on 16 Aug 2022
Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Criminal Rules of Practice Rule 37 - One Accused May Be Permitted To Represent Other CrPC 205 – Magistrate may dispense with personal attendance of accused CrPC 317 - Provision for inquiries and trial being held in the absence of accused in certain cases Phani Bhushan Potu Vs State of Telangana and Anr | Leave a comment

XXX Vs The State of Telangana on 09 Nov 2020

Posted on November 5, 2022 by ShadesOfKnife

A single judge of Telangana High Court held as follows:

From Para 18, (When Seizure turns into Impounding – 4 weeks from Seizure)

18. Having given due consideration to the submissions made as above and also taking note of the precedents on which reliance is placed by the learned Counsel appearing for the parties, it is to be seen that retaining of passport by the police authorities after the same is seized beyond a period of four weeks would amount to impounding by the police authority, which power the said authority lacks, as has been held by the Hon’ble Supreme Court in Suresh Nanda V. C.B.I. (2008) 3 SCC 674. Further, this court having regard to the law laid down by the Apex Court and the provisions of the Cr.P.C. including Section 457 Cr.P.C., has by its order in I.A. No.1 of 2019 in W.P. No.22956 of 2019 held that retaining the seized property by the police after being reported to the Magistrate, would have to be considered only as a custodian and such retaining cannot be considered as impounding by the police authorities and passport holder has to make an application to the concerned Court for release of the passport.

From Para 19,

However, even after commencement of functioning of Courts, if the respondent police authority has failed or fails to take steps in depositing the passport within a period of four weeks, the same would amount to impounding, which power the authorities are not conferred with.

From Para 20,

20. Further, even after the seized material is deposited into Court under seizure report, when it comes to passport seized and deposited into Court, the Court is not empowered to impound the passport under Section 104 of Cr.P.C. upon such deposit. The power to impound a validly issued passport is specifically conferred on the passport authority under Section 10(3) of the Passports Act, 1967, being a special enactment would prevail over Cr.P.C. a general enactment. Thus, even after deposit of seized property into the Court, the respondent authority would be required to take further steps by approaching the passport authority under the Passports Act, 1967, and seek for impounding of passport. The said situation can arise only if any one of the condition enumerated in clause (a) to (h) of sub-section (3) of Section 10 of the Passports Act, 1967 being attracted. At this stage, the judgement rendered by the Madras High Court in Jeyabalan case (supra) would be of aid to the case of the petitioner.

From Para 21 (Very Imp: Passport/Travel document can be cancelled by Passport Authority, even when the physical possession of passport is not there with them)

21. It is also to be seen that for impounding of passport by the passport authority on attracting any of the conditions specified in Sub-section (3) of Section 10 of the Passports Act, 1967, having of physical custody of passport is neither mandatory nor specified. It is only the satisfaction of the passport authority that any of the conditions stipulated in (a) to (h) of Section 10(3) is attracted, the authority can impound the same, irrespective of where the passport holder is residing at. However, before passing of impounding order, the authority is required to give opportunity of hearing to the concerned. Thus, the claim of the respondent authorities that, if passport is released to the petitioner, it will be difficult to apprehend him again, does not appeal to this Court for being accepted for the aforesaid reasons and also having regard to the wide amplitude of powers, the passport authority enjoys, unless the petitioner escapes to countries with whom India does not have Extradition Treaties or Arrangements or seeks asylum in a country so permitting. Even otherwise, the said apprehension also appears to be without any basis for the reason, the petitioner claims to be working onsite/onshore with an Indian IT company and would be on employment visa and all his details would be available with the employer as to the onsite location of working and client details and at a call of the employer, the employee can be withdrawn and deported from wherever he is.

XXX Vs The State of Telangana on 09 Nov 2020

Note: Name of the Petitioner redacted upon his request email dt: 13 Jul 2023

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to Courts Can Deposit Passport Courts Can Not Impound Passport Only Passport Authority Can Impound Passport Police Confiscated Passport Return The Passport To Accused XXX Vs The State of Telangana | Leave a comment

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Posted on September 12, 2022 by ShadesOfKnife

A Single judge of Telangana High Court held as follows (while dismissing the petition),

From Para 6,

6. Therefore, this Court is not inclined to interfere with the impugned order. However, considering the fact that the DVC is of the year, 2018, learned IV Additional Junior Civil Judge-Cum-XII Additional Metropolitan Magistrate, Kukatpally, Cyberabad is directed to dispose of DVC.No.4 of 2018 in accordance with law, as expeditiously as possible preferably within 60 days from the date of receipt of a copy of this order.

Vani Santhosh Babu Vs Vijaya Laxmi Vani on 3 Mar 2022

Other Sources:

https://indiankanoon.org/doc/102447017/


Connects to a PIL here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged 1-Judge Bench Decision PWDV Act Sec 12(5) - Dispose In 60 Days Vani Santhosh Babu Vs Vijaya Laxmi Vani | Leave a comment

P Parvathi Vs Pathloth Mangamma on 7 Jul 2022

Posted on August 24, 2022 by ShadesOfKnife

A single judge bench of Telangana High Court passed note-worthy guidelines in disposing Domestic Violence cases.

From Paras 6 and 7,

6. The Protection of Women from Domestic Violence Act, 2005 is a legislation enacted to shield the rights of women which are enshrined and guaranteed under the Constitution of India, besides paving way to deal with the matters connected to and arising out of the family disputes in an effective and efficacious manner.
7. When the provisions contained in the said legislation i.e., The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act of 2005”, for brevity) are looked into, it is very clear that the proceedings that would be conducted are more civil in nature. The protection orders that would be granted under Section 18, the residence orders that would be granted under Section 19, the monetary reliefs that would be granted under Section 20, the custody orders that would be granted under Section 21 and the compensation orders that would be granted under Section 22, would be based on the applications that would be filed by the aggrieved persons, the domestic incident reports and the defence taken by the respondents therein. All those proceedings are civil in nature. No doubt, Section 28 (1) of the Act of 2005 lays down that the proceedings shall be governed by the provisions of Code of Criminal Procedure. However, it is specifically mentioned under Section 28(2) of the Act of 2005 that the Court is empowered to lay down its own procedure for disposal of the applications filed by the aggrieved persons or the Protection Officers. May be due to the fact that the power to deal with the domestic violence cases is given to the Magistrate, the litigant public are under the impression that the proceedings initiated under the Act of 2005 are purely criminal in nature.

Guidelines passed in Paras 12 and 13,

12. It is brought to the notice of this Court by the learned Assistant Public Prosecutor that number of Criminal Petitions are filed before the High Court seeking to quash the proceedings in domestic violence cases, only because the trial Courts are insisting the physical attendance of the respondents in those cases for each and every adjournment.
13. Therefore, before parting with the case, this Court considers it desirable to lay down certain guidelines for the Courts of Judicial Magistrate of First Class, which are empowered to deal with the domestic violence cases, to follow so that the parties would not rush to the High Court.
(1)The Courts of Judicial Magistrate of First Class which are dealing with the cases filed seeking various kinds of reliefs as laid down under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 should take note of the fact that the proceedings therein are more civil in nature.
(2)When the aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person presents an application seeking one or more reliefs that are enshrined under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005, upon service of notice as required under Section 13 of the said Act and upon making appearance by the opposite party i.e., respondents therein either in person or through their counsel, the Court shall not insist for their personal appearance for each and every adjournment.
(3)The Courts dealing with the cases under the Protection of Women from Domestic Violence Act, 2005 shall not even insist for filing an application under Section 317 Cr.P.C.
(4)The persons against whom the applications are filed seeking relief in domestic violence cases i.e., the respondents, however, shall appear in person if a specific direction is given for their personal appearance by the Court during the course of proceedings.
(5)The points enumerated above does not however apply during the course of proceedings that are conducted under Section 31 of the Protection of Women from Domestic Violence Act, 2005.
(6) Last but most important is that the Courts of Judicial Magistrate of First Class which are empowered to deal with the matters under the Protection of Women from Domestic Violence Act, 2005 shall make all endeavour to dispose of the applications filed for grant of various reliefs that are provided under Sections 18 to 22 of the Protection of Women from Domestic Violence Act, 2005 within a period of sixty (60) days from the date of first hearing, as required under Section 12(5) of the said Act.

P Parvathi Vs Pathloth Mangamma on 7 Jul 2022

Connects to a PIL here.

Posted in High Court of Telangana Judgment or Order or Notification | Tagged Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act? Issued or Recommended Guidelines or Directions or Protocols to be followed P Parvathi Vs Pathloth Mangamma PIL - Implement the Statutory Time limit of 60 days to Dispose of a Domestic Violence case as prescribed under Sec 12(5) of the Act PWDV Act Sec 12(5) - Dispose In 60 Days | Leave a comment

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రాష్ట్రం మీద పడి.. అడ్డ గాడిదల్లా... అడ్డ దిడ్డంగా పడి దోచుకున్న అడ్డమైన ఎదవలకు ఊడిగం చేస్తూ

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shunyta_007 𝐒ɦυ𐓣𝗒𝗍α @shunyta_007 ·
12 Jul

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