Citation : 2023 Latest Caselaw 2401 Tel
Judgement Date : 14 September, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.3727 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/accused Nos.2 to 5 to quash the
proceedings against them in D.V.C.No.112 of 2021 pending
on the file of the learned III Metropolitan Magistrate at
Hyderabad.
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/accused Nos.2 to 5, the
appearance/attendance of the petitioners/accused Nos.2 to
5 in D.V.C.No.112 of 2021 pending on the file of the
learned III Metropolitan Magistrate at Hyderabad, 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. Accordingly, this Criminal Petition is disposed
of.
Pending miscellaneous applications, if any, shall
stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 14-SEP-2023 KHRM
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.3727 OF 2023 Date: 14-SEP-2023 KHRM
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