IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTYSECOND DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3433 OF 2009. Between: M. Ratna Rao … Petitioner V/s. Smt. M. Deepika & Anr. … Respondents Counsel for the Petitioner : Sri K. Sai Babu Counsel for the Respondent : Addl.Public Prosecutor The Court made the following : (Order follows 2nd page) THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3433 OF 2009. O R D E R : This Criminal Petition is filed seeking to quash the proceedings in DVC.No. 15 of 2009 on the file of the Court of IX Metropolitan Magistrate, Miyapur, Ranga Reddy district, under section 12 of the Domestic Violence Act, basing on the complaint of Respondent No.1, the learned Magistrate took cognizance and directed the petitioner to appear before the said court and face enquiry. 2. In an earlier occasion, this Criminal Petition was dismissed on 19-08-2010 for non-prosecution. After some time, the counsel for the petitioner represented the matter for restoration of the same and accordingly the same was restored on the file of this Court. Again the counsel for the petitioner called absent. Hence, it is posted today under the caption “for dismissal”. 3. Today also no representation on behalf of the counsel for the petitioner. Further taking into consideration the grounds raised in this Criminal Petition, being it is a case arising out of Domestic Violence Act, this Court is of the view that there is no need to stay the matter and there is no need to quash the DVC.No. 15 of 2009 pending on the file of the Court of IX Metropolitan Magistrate, Miyapur, Ranga Reddy district. Hence, the Criminal Petition is accordingly dismissed. 4. In any event, taking into consideration the age of the petitioner and he being the father-in-law of the first respondent-defacto complainant, this Court is of the view that the presence of the petitioner may be dispensed with before the trial court except on the specific date when the learned Magistrate directs to appear before him. Accordingly, his presence is dispensed with. The learned IX Metropolitan Magistrate, Miyapur, Ranga Reddy district, is directed to proceed with the trial and dispose of the matter on merits and in accordance with law. 5. With the above direction, the Criminal Petition is accordingly dismissed. _____________________ JUSTICE RAJA ELANGO. 22-11-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 3433 OF 2009 Circulation No. Computer: Court Hall No.5 Date:22-11-2010 Court Master : I s L