Mallepula Shankar Gaud vs State Of Telangana
2023 Latest Caselaw 1926 Tel

                                                                          GAC,J
                                                             Crl.P.No.8444_2023
                                       1




            HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                       CRIMINAL PETITION No.8444 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 petitioners -

respondents No.2 to 5 to quash the proceedings against them in

D.V.C.No.78 of 2021 pending on the file of Additional Judicial First

Class Magistrate (Spl.Mobile) at Kamareddy.

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 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 petitioners are at liberty to avail the

said remedy.

2015 (2) ALD (CRL.) 764 GAC,J Crl.P.No.8444_2023

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

for the petitioners - respondents No.2 to 5, the appearance of the

petitioners - respondents No.2 to 5 in D.V.C.No.78 of 2021 pending

on the file of Additional Judicial First Class Magistrate (Spl.Mobile) at

Kamareddy 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. With the above observations, the Criminal Petition is disposed

of.

Miscellaneous applications pending, if any, shall stand closed.

____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY

Date: 01.09.2023 ns