Bondugula Narendra vs The High Court Of Telangana
2024 Latest Caselaw 3314 Tel

Telangana High Court

Bondugula Narendra vs The High Court Of Telangana on 27 August, 2024

                        THE HON'BLE SMT. JUSTICE K. SUJANA

                         CRIMINAL PETITION No.9836 of 2024

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/

respondent Nos.1 to 4 to quash the proceedings against them in D.V.C.No.49

of 2024 pending on the file of Principal Judicial First Class Magistrate at

Sircilla.

2. Heard Sri Gandyadapu Rajesham, learned counsel for the petitioners

and Sri E.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 petitioners are at liberty to avail the said

alternative remedy.

5. However, in view of the request made by the learned counsel for the

petitioners, the appearance of the petitioner Nos.1 to 4 herein/respondent

Nos.1 to 4 in D.V.C.No.49 of 2024 pending on the file of Principal Judicial

First Class Magistrate at Sircilla, is dispensed with, except on the dates

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

2015 (2) ALD (CRL.) 764

represented by their counsel on every date of hearing and in case of default,

this order gets vacated automatically

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.

________________________ JUSTICE K. SUJANA Date: 27.08.2024 bb/gms