APHC010082702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI CRIMINAL PETITION NO: 1821/2025 Between: 1. P. SANTHOSH @ SANTHOSH NAIK, S/O. THIPPA NAIK, AGED ABOUT 37 YEARS, R/O. D.NO. 12-4-569, SRI RAGHAVA ENCLAVE, ADHARSH NAGAR, ANANTHAPUR. 2. P. LAKSMI BAI, W/O. THIPPA NAIK, AGED ABOUT 61 YEARS, R/O. D.NO. 12-4-569, SRI RAGHAVA ENCLAVE, ADHARSH NAGAR, ANANTHAPUR. 3. P. NALINI, W/O. SREEKANTH NAIK, D/O. THIPPA NAIK, AGED ABOUT 34 YEARS, R/O. D.NO. 12-4-569, SRI RAGHAVA ENCLAVE, ADHARSH NAGAR, ANANTHAPUR. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF A.P., AMARAVATI 2. RAMAVATH DEEPA MAMATHA, W/O. P. SANTHOSH @SANTHOSH NAIK, D/O. KALA NAIK, AGED ABOUT 32 YEARS, R/O. D.NO. 1-68-8/9, MARUTHI NAGAR, KADIRI, ANANTHAPUR DISTRICT. ...RESPONDENT/COMPLAINANT(S): 2 Counsel for the Petitioner/accused(S): 1. K NAGA PHANINDRA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI CRIMINAL PETITION NO.1821 OF 2025 ORDER: This Criminal Petition is filed by the petitioners/respondent Nos.1 to 3, under Section 482 of Code of Criminal Procedure, 1973 corresponding to Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to quash the proceedings in D.V.C.No.29 of 2023 on the file of the learned Special Judicial Magistrate of First Class (Mobile Court), Ananthapuram. 2. Heard Sri K.Naga Phanindra, learned counsel for the petitioners and learned Additional Public Prosecutor representing the State. 3. Learned counsel for the petitioners would submit that the only request of the petitioners is to direct the learned Magistrate to dispose of the D.V.C.No.29 of 2023, filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 as expeditiously as possible, as the matter was pending from the year 2023 without any progress, and also dispense with the presence of the petitioner Nos.2 and 3 herein/respondent Nos.2 and 3 before the learned Magistrate, as their presence is not at all necessary. 4 4. Learned Assistant Public Prosecutor takes notice for respondent No.1/State. 5. As per Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 “the Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing”. 6. Undisputedly, the case on hand was filed in the year 2023 and not yet disposed of as per the timeline stated above. 7. Considering the facts and circumstances, this Court is of the considered opinion is that the criminal petition can be disposed of at the stage of admission without going into merits of the case, by directing the learned Special Judicial Magistrate of First Class (Mobile Court), Ananthapuram, to expedite the proceedings in D.V.C.No.29 of 2023 and dispose of the same as expeditiously as possible, preferably within a period of six (06) weeks, from the date of receipt of copy of this order, and further the presence of the petitioner Nos.2 and 3 herein/respondent Nos.2 and 3 therein is dispensed with before the learned Magistrate, except on the dates as and when directed by the learned Magistrate, for the reasons recorded. 5 8. Accordingly, the Criminal Petition is disposed of at the stage of admission with direction. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 19.02.2025 Pmk 6 10 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI CRIMINAL PETITION No:1821 of 2025 Date: 19.02.2025 Pmk