K.Shiva Shekhar Naidu vs The High Court Of Telangana
2024 Latest Caselaw 3841 Tel

Telangana High Court

K.Shiva Shekhar Naidu vs The High Court Of Telangana on 18 September, 2024

                        THE HON'BLE SMT. JUSTICE K. SUJANA

                         CRIMINAL PETITION No.10941 of 2024

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya

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

Nos.2 and 5 to quash the proceedings against them in D.V.C.No.212 of 2019

pending on the file of the learned III Metropolitan Magistrate at Nampally.

2. Heard Sri Rapolu Bhaskar, learned counsel for the petitioners and Sri

Arun Kumar Doddla, learned Additional 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, if there are no warrants pending against the petitioners, the

appearance of the petitioners/respondent Nos.2 and 5 to quash the

proceedings against them in D.V.C.No.212 of 2019 pending on the file of the

learned III Metropolitan Magistrate at Nampally, is dispensed with, except on

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

2015 (2) ALD (CRL.) 764

shall be 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: 18.09.2024 PL