Bura Venkateshwarlu vs The State Of Telangana
2023 Latest Caselaw 3050 Tel

      HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                 CRIMINAL PETITION No.9914 OF 2023

ORDER:

This Criminal Petition is filed under Section 482 of the

Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the

petitioners/respondents Nos.2 to 5 to quash the proceedings

against them in D.V.C. No.01 of 2021 pending on the file of

Additional Judicial Magistrate of First Class, Kodad, Suryapet

District.

2. Heard learned counsel for the petitioners and

Sri S.Ganesh, learned Assistant Public Prosecutor for

respondent No.1- State. Perused the record.

3. In the light of the judgment in the case of

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.

2015 (2) ALD (CRL.) 764

4. In view of the above, the petitioners are at liberty to

avail the said remedy.

5. However, in view of the request made by the learned

counsel for the petitioners/respondent Nos.2 to 5, the

appearance of the petitioners/respondents No.2 to 5 in

D.V.C.No.01 of 2021 pending on the file of Additional Judicial

Magistrate of First class, Kodad, Suryapet District, is dispensed

with, except on the dates whenever their presence is required by

the trial Court, and they shall be represented by their counsel.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand

closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 10.10.2023

YVL

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.9914 OF 2023

Date:10.10.2023

YVL