FILING DOCUMENTS AT THE TIME OF TRIAL IN DVC - MAINTAINABLE - there is no provision under the Protection of Women from Domestic Violence Act, 2005 for filing of documents at a subsequent point of time. When a power is there to try a case, it is incidental power to receive a document also. For that purpose, there need not be any specific provision under the Act to receive the document. Therefore, there are no grounds to interfere with the impugned order.

CRLP 1186 / 2013

CRLPSR 3667 / 2013

PETITIONER RESPONDENT G.SRINIVASA RAO, MOGALTHUR PS.LIMITS, & 6 OTHRS.,   VS THE STATE OF AP., REP. PP., AND ANR., PET.ADV. : DASARI S V V S V PRASAD RESP.ADV. : PUBLIC PROSECUTOR SUBJECT: DVC-2005 Conviction - Domestic Violence Act DISTRICT:  WEST GODAVARI

THE HON'BLE SRI JUSTICE K.C.BHANU

CRIMINAL PETITION NO.  1186 of 2013

ORDER:

          The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the order dated 17.1.2013 in Crl.M.P. No.7102 of 2012 in D.V.C. No.3 of 2011 on the file of the Judicial Magistrate of First Class, Narsapur, West Godavari District, whereunder and whereby the petition filed by the second respondent/aggrieved person to receive documents was allowed by the court below. 

2.      Learned counsel for the petitioners contended that there is no provision under the Protection of Women from Domestic Violence Act, 2005 for filing of documents at a subsequent point of time.    When a power is there to try a case, it is incidental power to receive a document also.  For that purpose, there need not be any specific provision under the Act to receive the document.   Therefore, there are no grounds to interfere with the impugned order.

3.      The Criminal Petition is, accordingly, dismissed. Miscellaneous petitions pending, if any, in the Criminal Petition shall stand closed.   However, the objections of the petitioners herein with regard to relevancy and proof of the documents can be tested during trial of the case.

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K.C.BHANU, J

13.02.2013

DRK

THE HON’BLE SRI JUSTICE K.C.BHANU

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CRIMINAL PETITION NO. 1186 OF 2013

13.2.2013