Palla Venkata Subbamma vs The State Of Telangana
2023 Latest Caselaw 2987 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

               CRIMINAL PETITION No.9792 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/respondents No.2 to quash

the proceedings against her in D.V.C. No.14 of 2023

pending on the file of the learned IV Additional Junior

Civil Judge-cum-XV Additional Metropolitan

Magistrate, Medchal-Malkajgiri District at Kukatpally.

2. Heard learned counsel for the petitioner/

respondent No.2 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

2015 (2) ALD (CRL.) 764

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/respondent

No.2 is at liberty to avail the said remedy.

5. However, in view of the fact that only general

allegations are leveled against petitioner/respondent

No.2, her appearance in D.V.C.No.14 of 2023 pending

on the file of learned IV Additional Junior Civil Judge-

cum-XV Additional Metropolitan Magistrate, Medchal-

Malkajgiri District at Kukatpally, is dispensed with,

except on the dates whenever her presence is required

by the trial Court, and she shall be represented by her

counsel.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 06.10.2023 myk