Kaleru Prasad Rao, vs State Of Telangana
2023 Latest Caselaw 2411 Tel

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                CRIMINAL PETITION No.8918 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 petitioner/respondent to quash the proceedings

against him in D.V.C.No.221 of 2019 pending on the file of

the IV Metropolitan Magistrate, Hyderabad.

2. Heard Sri CMR Velu, learned counsel for the

petitioner 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 petitioner is at liberty to

avail the said remedy.

2015 (2) ALD (CRL.) 764

5. It is the specific contention of the learned counsel for

the petitioner that DVC proceedings were initiated against

the petitioner in the year 2019 and there is no progress in

the trial before the trial court and therefore, prays to direct

the trial court to dispose of the DVC No.221 of 2019 as

expeditiously as possible.

6. Taking into consideration that the DVC is of the year

2019 and right to speedy trial is a fundamental right of the

petitioner as enshrined in Article 21 of the Constitution of

India, the trial Court i.e. IV Metropolitan Magistrate,

Hyderabad is directed to dispose of the DVC No.221 of

2019, preferably within a period of (5) months from the

date of receipt of copy of this order.

7. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall

stand closed.

__________________________________ G.ANUPAMA CHAKRAVARTHY, J

Date: 14.09.2023 gvl

Note: Issue CC by 19.09.2023

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

CRIMINAL PETITION No.8918 OF 2023

Date: 14-09-2023 GVL