Citation : 2025 Latest Caselaw 2004 Tel
Judgement Date : 11 February, 2025
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.1884 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023(for short 'BNSS') by the
petitioners/respondent Nos.3 and 4 to quash the proceedings against
them in D.V.C.No.26 of 2024 pending on the file of I Additional Junior
Civil Judge-cum-I Additional Judicial Magistrate of First Class, Ranga
Reddy at L.B.Nagar.
2. Heard the learned counsel for the petitioners and the 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.
2015 (2) ALD (CRL.) 764
5. However, in view of the request made by the learned counsel
for the petitioners, the appearance of the petitioner Nos.1 and
2/respondent Nos.3 and 4 in D.V.C.No.26 of 2024 pending on the file of
I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of
First Class, Ranga Reddy at L.B.Nagar, is dispensed with, except on
the dates whenever their presence is required by the trial Court, and
they 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.
_____________________ JUVVADI SRIDEVI, J
Date: 11.02.2025 Note: Issue CC today B/o BV
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