Citation : 2023 Latest Caselaw 2221 Tel
Judgement Date : 11 September, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8733 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 Nos.1 to 8 to quash the
proceedings against them in D.V.C. No.2 of 2023 pending
on the file of the learned Additional Judicial First Class
Magistrate at Alair.
02. Heard learned counsel for the petitioners and
Sri S.Ganesh, learned Assistant Public Prosecutor for
respondent No.1-State. Perused the record.
03. 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.
2015 (2) ALD (CRL.) 764
04. In view of the above, the petitioners are at
liberty to avail the said remedy.
05. However, in view of the request made by the
learned counsel for the petitioners/respondents Nos.1 to 8,
the appearance/attendance of the petitioners/respondents
Nos.2 to 8 in D.V.C.No.2 of 2023 pending on the file of the
learned Additional Judicial First Class Magistrate at Alair,
is dispensed with, unless their presence is required by the
trial Court for a specific purpose and they shall be
represented by their counsel.
06. As specific allegations are leveled against
petitioner No.1/respondent No.1, no such relief is given to
him.
07. Accordingly, this Criminal Petition is disposed
of.
Pending miscellaneous applications, if any, shall
stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 11-SEP-2023 Note: Issue CC by tomorrow B/o.KHRM
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8733 OF 2023 Date: 11-SEP-2023 Note: Issue CC by tomorrow B/o.KHRM
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