HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8918 of 2023
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/respondent to quash the proceedings against him in D.V.C.No.221 of 2019 pending on the file of the IV Metropolitan Magistrate, Hyderabad.
2. Heard Sri CMR Velu, learned counsel for the petitioner and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. In the light of the judgment in Gaddameedi Nagamani v. State of Telangana 1, a petition to quash the proceedings in Domestic Violence Case is not maintainable, as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C.
4. In view of the above, the petitioner is at liberty to avail the said remedy.
12015 (2) ALD (CRL.) 764 2
5. It is the specific contention of the learned counsel for the petitioner that DVC proceedings were initiated against the petitioner in the year 2019 and there is no progress in the trial before the trial court and therefore, prays to direct the trial court to dispose of the DVC No.221 of 2019 as expeditiously as possible.
6. Taking into consideration that the DVC is of the year 2019 and right to speedy trial is a fundamental right of the petitioner as enshrined in Article 21 of the Constitution of India, the trial Court i.e. IV Metropolitan Magistrate, Hyderabad is directed to dispose of the DVC No.221 of 2019, preferably within a period of (5) months from the date of receipt of copy of this order.
7. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications pending, if any, shall stand closed.
__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 14.09.2023 gvl Note: Issue CC by 19.09.2023 3 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.8918 OF 2023 Date: 14-09-2023 GVL