1.This revision petition is filed by the respondent Nos. 1 to 4 in D.V.C.No.1 of 2010 on the file of VII Additional Chief Metropolitan Magistrate Court, Hyderabad, which was filed by the respondent Nos.1 to 5 herein, under the Protection Of Women From Domestic Violence Act, 2005 (in short, 'the Act'), for certain reliefs. Peculiarly, this revision petition is filed against issuing of notices to petitioner Nos.1 to 4 herein in D.V.C.No.1 of 2010. When questioned as to maintainability of this revision petition against issuing of notice, the petitioners' counsel submitted that it is well settled principle of law that revision petition lies under Section 397 Cr.P.C. as against an order of issuing summons to the accused under section 204 Cr.P.C. Section 204 Cr.P.C. deals with taking cognizance of offence in the complaint filed by the complainant and thereafter issuing either summons or warrants against the accused persons. Taking cognizance of an offence and issuing summons in a criminal case is certainly a judicial act, and the Magistrate while performing the said judicial act, has to apply his/her mind on the material placed before the Magistrate and then only take cognizance of the offence, in case ingredients for that particular offence are made out and thereafter order issue summons to the accused. Since issuing of summons under section 204 Cr.P.C. involves exercise of judicial mind and passing a judicial order, issuing of summons thereunder is construed as an order which is revisable under Section 397 Cr.P.C. But, in the case of Domestic Violence cases filed for releifs under Sections 18 to 23 of the Act, there is no element of criminality involved, much less the domestic violence case is a criminal case as such. Unless the case is filed alleging offences under Sections 31 and 33 of the Act, the entire proceedings in a domestic violence case are purely civil in nature, but entertained by criminal Courts applying procedure enunciated under the Code of Criminal Procedure, 1973. Therefore, while issuing notice in domestic violence case filed by respondent Nos.1 to 5, the Magistrate is not expected to apply or exercise his/her mind before issuing notices to the respondents therein. No summonses are issued in a domestic violence case, but only notices are issued. Issuing notices to the respondents in a domestic violence case, in my considered opinion, is not a judicial act but is only a Ministerial act performed by the Magistrate. As against a Ministerial Act, no revision is maintainable under Section 397 Cr.P.C. 2. Assuming for a moment for the sake of argument that issuing of notice in a domestic violence case amounts to an order passed by the Magistrate and further a judicial order passed by the Magistrate, even then the revision petition under Section 397 is not maintainable, because any order passed by the Magistrate is appellable under Section 29 of the Act. The petitioners cannot bypass remedy of appeal and approach directly this Court under Section 397 Cr.P.C. by way of this revision petition.
3.Thus, viewed from any angle, this revision petition is not maintainable in this Court. 4.
In the result, the Criminal Revision Petition is dismissed.