IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9477 OF 2009 Between: T. Vijay & another … PETITIONERS And The State of A.P.& another … RESPONDENTS This Court made the following: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9477 OF 2009 ORDER: The petitioners 1 and 2 are the respondents 2 and 3 in D.V.C.No.5 of 2009, on the file of Judicial Magistrate of the First Class, Nandyal, Kurnool District. 2. The second respondent/aggrieved person filed D.V.C. against the first respondent therein who is her husband and the petitioners herein. The first petitioner is brother of the second respondent-husband. The second petitioner is wife of the first petitioner. The second respondent gave report to the Protection Officer who in turn presented the complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, “the Act”), against the husband and the petitioners. Though the petitioners’ counsel took me through allegations made by the second respondent in her report to the Protection Officer and made comments about them, I am of the opinion that truth or falsity of those allegations is a question of fact which cannot be gone into and decided in this petition filed under Section 482 of the Code of Criminal Procedure, 1973. At the same time, proceedings before the lower Court in which the second respondent claimed reliefs of protection under Section 18, residence under Section 19, monetary relief under Section 20 and compensation under Section 22 of the Act are purely of civil nature, though they are enquired by a Criminal Court following the procedure prescribed by the Code of Criminal Procedure, 1973. 3. In the circumstances, the Criminal Petition is dismissed. However, the lower Court is directed to dispense with presence of the petitioners 1 and 2 who are the respondents 2 and 3 in D.V.C. during enquiry of the case, except on the date of delivery of order therein. ______________________________ SAMUDRALA GOVINDARAJULU, J November 11, 2010 KL HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.9477 OF 2009 November 11, 2010 KL