Vudatha Madhuri Alias Chittiboina ... vs The State Of Andhra Pradesh
2024 Latest Caselaw 9509 AP

Andhra Pradesh High Court - Amravati

Vudatha Madhuri Alias Chittiboina ... 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: 7358/2024

Between:

Vudatha Madhuri Alias Chittiboina Madhuri ...PETITIONER/ACCUSED

                                 AND

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

and Others

Counsel for the Petitioner/accused:

1. SIVAPRASAD REDDY VENATI

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 docket order dated 02.07.2024

passed in DVC No.72 of 2023 on the file of learned Special Judicial

Magistrate of First Class for Trial of Prohibition and Excise Offences,

Nellore.

2. Heard Sri Sivaprasad Reddy Venati, 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 learned

Magistrate has passed discharge order dated 02.07.2024 in DVC

No.72 of 2023 on the file of learned Special Judicial Magistrate of First

Class for Trial of Prohibition and Excise Offences, Nellore.

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.

6. Registry is directed to return the original documents available in

the bundle by obtaining proper acknowledgment.

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:7358 of 2024

Date: 21.10.2024 PSA