IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4044 of 2009 DATE:19.08.2010 Between: M.Satyanarayana and others …… Petitioners And: State of A.P, rep. By its Public Prosecutor and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4044 of 2009 ORDER : Though this petition was filed by the petitioners 1 to 3 in the beginning, name of the 1st petitioner was deleted from the parties and this petition is heard in so far as the petitioners 2 and 3 are concerned. They are respondents 2 and 3 in D.V.C. No.25 of 2009 on the file of II Additional Chief Metropolitan Magistrate, Vijayawada. The petitioners 2 and 3 are parents-in- law of the 2nd respondent/aggrieved party. In the lower Court, the 2nd respondent claimed protection order under Section 18, residential order under Section 19, maintenance under Section 20 and interim orders under Section 21 of the Protection of Women from Domestic Violence Act, 2005 (in short, the Act). Having regard to the relief under Section 18 of the Act, it cannot be said that the petitioners 2 and 3 are not necessary parties to the case. Even if the alleged incidents between the parties took place prior to the Act came into force, still the case is maintainable under the Act because effect of the prior activity is continuing and the 2nd respondent is deprived of separate residence, maintenance and she is also apprehending danger from all the respondents in D.V.C. Therefore, it cannot be said that the case is not maintainable in the lower Court. 2) At any rate, since the reliefs claimed are purely civil in nature though enquired by a criminal Court, presence of petitioners 2 and 3 on the dates of enquiry in the lower Court may not be necessary. 3) Hence, the petition is dismissed. Further, the lower Court is directed not to insist on presence of the petitioners 2 and 3 who are respondents 2 and 3 in D.V.C. No.25 of 2009 during enquiry of the case by the lower Court, except on the date of delivery of the order therein. _______________________________ SAMUDRALA GOVINDARAJULU, J August 19, 2010 KSH