Bandigari Shivaraj Goud vs The State Of Telangana
2023 Latest Caselaw 2224 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION No.8728 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 3 to quash the

proceedings against them in D.V.C.No.42 of 2022 pending

on the file of the learned VI Additional Judicial First Class

Magistrate (Protection of Women from Domestic Violence

Act, 2005) at Mahabubnagar.

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

2015 (2) ALD (CRL.) 764

remedy by way of an appeal against the act of the Court

below in taking cognizance and numbering the D.V.C.

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 3,

the appearance/attendance of the petitioners/respondents

Nos.2 and 3 in D.V.C.No.42 of 2022 pending on the file of

the learned VI Additional Judicial First Class Magistrate

(Protection of Women from Domestic Violence Act, 2005) at

Mahabubnagar, 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 KHRM

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8728 OF 2023 Date: 11-SEP-2023 KHRM