M. Lokesh Babu vs The State Of Andhra Pradesh
2024 Latest Caselaw 9510 AP

Andhra Pradesh High Court - Amravati

M. Lokesh Babu vs The State Of Andhra Pradesh on 21 October, 2024

APHC010461922024

                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3368]
                          (Special Original Jurisdiction)

          MONDAY, THE TWENTY FIRST DAY OF OCTOBER
              TWO THOUSAND AND TWENTY FOUR

                                PRESENT

     THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

                    CRIMINAL PETITION NO: 7350/2024

Between:

M. Lokesh Babu                                 ...PETITIONER/ACCUSED

                                    AND

The State Of Andhra Pradesh         ...RESPONDENT/COMPLAINANT(S)

and Others

Counsel for the Petitioner/accused:

1. A S C BOSE

Counsel for the Respondent/complainant(S):

1. PUBLIC PROSECUTOR

The Court made the following order:

This Criminal Petition, under Section 482 Cr.P.C., has been filed

on behalf of the petitioner to quash the order dated 06.09.2024 passed

in Crl.M.P.No.3907 of 2018 in DVC No.09 of 2016 on the file of learned

III Additional Judicial Magistrate of First Class, Tirupathi.

2. Heard Sri A.S.C. Bose, learned counsel for the petitioner and

learned Assistant Government Pleader representing the

State/respondent No.1.

3. Learned counsel for the petitioner would submit that the

petitioner being aggrieved by the order dated 06.09.2024 passed in

Crl.M.P.No.3907 of 2018 in DVC No.09 of 2016 on the file of learned III

Additional Judicial Magistrate of First Class, Tirupathi filed the present

Criminal Petition.

4. The petitioner herein instead of filing appeal under Section 29 of

the Protection of Women from Domestic Violence Act, 2005, filed the

present petition under Section 482 Cr.P.C. The Hon'ble Apex Court in

the case of Kamatchi Vs. Lakshminarayanan1, held that "the

application under Section 482 Cr.P.C. is not maintainable in D.V.C.

cases".

5. In the light of the judgment of Hon'ble Apex Court in the case of

Kamatchi Vs. Lakshminarayanan, this Criminal Petition is disposed

of. However, the petitioner is at liberty to file an appeal under Section

29 of the Protection of Women from Domestic Violence Act, 2005.

As a sequel thereto, the interlocutory applications, if any,

pending in this Criminal Petition shall stand closed.

JUSTICE B.V.L.N.CHAKRAVARTHI Dated: 21.10.2024 PSA

2022 (15) SCC 50

THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI

Criminal Petition No:7350 of 2024

Date: 21.10.2024 PSA