Mohd.Azaharuddin vs The State Of Telangana
2023 Latest Caselaw 2799 Tel

            HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

                      CRIMINAL PETITION NO.9491 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.1 to 5 to quash the proceedings against them in

D.V.C.No.12 of 2023 pending on the file of Principal Judicial

Magistrate of First Class at Miryalaguda.

2. Heard learned counsel for the petitioners and Sri S.Ganesh,

learned Assistant Public Prosecutor for respondent No.1 - State and

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.9491_2023

5. However, taking into consideration that the petitioners are the

family members of respondent No.1 in DVC, the appearance of

petitioner Nos.2 to 5 - respondent Nos.2 to 5 in D.V.C.No.12 of 2023

pending on the file of Principal Judicial Magistrate of First Class at

Miryalaguda is dispensed with, except on the dates whenever their

presence is required by the trial Court, and they shall be represented

by their counsel. No such relief is given so far as petitioner No.1 -

respondent No.1 is concerned, as he is the husband.

6. With the above observations, this Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

____________________________________ JUSTICE G.ANUPAMA CHAKRAVARTHY

Date: 27.09.2023 ns