THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 10001 of 2010. ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the order dt. 30.8.2010 passed in Crl.M.P.No. 3343 of 2010 in D.V.C.No. 1 of 2009 on the file of the Additional Junior Civil Judge, Chilakaluripet. I have heard the learned Counsel for the petitioners and the learned Additional Public Prosecutor representing the State. The petitioners are the respondents 1, 4 and 5 in D.V.C.No 1 of 2009 on the file of the Additional Junior Civil Judge, Chilakaluripet. In the DVC, the chief affidavit of 2nd respondent/de facto complainant was filed and she was also cross-examined and the evidence on her behalf was closed. Chief affidavit of the father of the petitioners herein was filed in the DVC as a witness on behalf of the petitioners and the matter was coming up for his cross-examination. The petitioners are being represented before the court below by their counsel. The 2nd respondent insisted the presence of the petitioner No.1 who is staying in US and also his two sisters before the Court and on such insistence, the court below dismissed the petition filed under Section 317 Cr.P.C. and issued NBWs against them. The order of the learned Additional Junior Civil Judge issuing NBWs against the petitioners is sought to be quashed in the present criminal petition. The learned Counsel appearing for the petitioners contended that the Court below has no power to issue NBWs against the petitioners unless there is breach of protection order passed in DVC and that without passing any protection order in the DVC and without there being any breach of such order, issuance of NBWs against the petitioners is illegal. He further contended that the learned Additional Junior Civil Judge ought to have set the petitioners ex parte and decided the matter on merits and instead of doing so, straightaway NBWs were issued against the petitioners. The entire approach adopted by the learned Magistrate is wholly erroneous. The nature of the proceedings before him are under the Protection of Women from Domestic Violence Act 2005. The Act does not empower the learned Magistrate to issue NBWs against the petitioners without there being any breach of protection order passed by the court. In the instant case, since no protection order has been passed, the question of breach of the order does not arise and consequently issuance of NBWs against the petitioners is illegal and accordingly the order of the learned Magistrate issuing NBWs against them is hereby quashed. The criminal petition is allowed. ___________________ R.KANTHA RAO,J 19.10.2010. KRB. THE HON’BLE SRI JUSTICE R.KANTHA RAO. CRL. PETITION No. 10001 of 2010. ORDER: Dt. 19.10.2010.