Mrs. Baribaddala Aruna vs High Court For The State Of Telangana
2024 Latest Caselaw 2910 Tel

Telangana High Court

Mrs. Baribaddala Aruna vs High Court For The State Of Telangana on 26 July, 2024

                        THE HON'BLE SMT. JUSTICE K. SUJANA

                         CRIMINAL PETITION No.8365 of 2024

ORDER:

This Criminal Petition is filed under Section 482 of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners/respondent

Nos.2 to 4 to quash the proceedings against them in D.V.C.No.147 of 2023

pending on the file of Judicial Magistrate First Class PCR Special Mobile at

Karimnagar.

2. Heard Ms. Ramya Kumari Gudiseva, learned counsel for the

petitioners and Mr. 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 herein/respondent Nos.2 to 4 in

D.V.C.No.147 of 2023 pending on the file of Judicial Magistrate First Class

PCR Special Mobile at Karimnagar, 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: 26.07.2024 Pl/gms