APHC010409302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6166/2022 Between: 1. SHAIK MASTAN,, S/O. MEERRASAHEB, MUSLIM, RIO. PLOT NOS.270 AND 271, GANGAI AMMAN STREET, VASANTHAUPURAM, KATTUPAKAM, MANGADU, KANCHIPURAM, CHENNAI - 600122, T.N. 2. SHAIK SHAREFA,, W/O. MASTHAN, MUSLIM, R/O. PLOT NOS.270 AND 271, GANGAI AMMAN STREET, VASANTHAUPURAM, KATTUPAKAM, MANGADU, KANCHIPURAM, CHENNAI 600122, T.N. 3. SK. KARIMUNNISA,, W/O. KHAZAVALLI, MUSLIM, AGED 35 YEARS, MEDARAMETLA, OPP.R.T.C. BUS STAND, ONGOLE ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. SHAIK RAJIYA, W/O. KARIMULLA, MUSLIM, AGED ABOUT 25 YEARS, RIO. NARASAREDDY COLONY, PODALAKUR VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court Made the Following Order: The instant Criminal Petition under Section 482 of Cr.P.C. has been filed, by the Petitioners/Accused Nos.2 to 4, seeking to quash the proceedings against them in D.V.C.No.4 of 2019 on the file of the Court of Additional Judicial Magistrate of First Class, Gudur. 2 2. Heard Sri E.V.V.S.Ravi Kumar, learned counsel for the Petitioners and the learned Assistant Public Prosecutor representing the respondent No.1/State. 3. It is represented by the learned counsel for the petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition No.599 of 2023 and batch, dated 16.03.2023, wherein this Court held as follows: “13. In view of the aforesaid reasons stated supra, it can be inferred that since the proceedings under the DVC Act, 2005 are civil in nature, the provisions of CrPC may not apply, is too general and vague. Instances would arise where an aggrieved person also would have to seek the relief in respect of all the petitions filed before the jurisdictional Magistrate, and the option left to her would only be by way of initiating proceedings under Section 482 CrPC with certain self-imposed restrictions. In view of the principle laid down in Nandkishior Pralhad Vyawahare v. Mangala case, this Court is of the opinion that inherent power of the High Court can be invoked subject to self- imposed restrictions, including availability of an efficacious alternative remedy under Section 29 of the DVC Act, 2005, so as to adhere to redressal of their grievances arising out of the orders passed in a proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 of the DVC Act, 2005. 14. The present Criminal Petitions are filed seeking to quash the proceedings initiated against the petitioners under the provisions of the DVC Act, 2005. Though various contentions have been raised in the petitions, the only grievance of the petitioners is that their presence may be dispensed with, in the proceedings before the Court below. Having considered the submissions of the learned counsel, this Court dispenses with the presence of the petitioners, who are relatives of husband, except husband, before the Court below, except on those occasions when the learned Magistrate feels that their presence is necessary. 15. With the aforesaid observations and directions, the Criminal Petitions are disposed of. Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed.” 3 4. Hence, following the said Order passed by this Court in Criminal Petition No.599 of 2023 and batch, dated 16.03.2023 and taking into consideration of the facts and circumstances of the case, this criminal petition is disposed of. However, considering the submissions made, the presence of the petitioners herein before the trial Court is dispensed with, unless there is a specific direction by the trial Court for their presence on particular dates. Pending applications, if any, shall stand closed. __________________________________________ Dr. VENKATA JYOTHIRMAI PRATAPA, J Date: 04.09.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.6166 of 2022 Dt.04.09.2025 Asr