Citation : 2025 Latest Caselaw 2132 Tel
Judgement Date : 13 February, 2025
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2031 of 2025
ORDER:
This Criminal Petition is filed under Section 528 Bharatiya
Nagarik Suraksha Sanhita (for short 'BNSS') by the
petitioner/respondent to quash the proceedings against him in
D.V.C.No.06 of 2024 pending on the file of Judicial First Class
Magistrate at Khanapur.
2. Heard Sri. Alluri Divakar Reddy, learned counsel for the
petitioner and Sri. Jitender Rao Veeramalla, 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 petitioner is 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 petitioner, this Court is inclined to grant liberty to the
petitioner to file a fresh petition before the appropriate Court.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall also stand
closed.
________________________ JUSTICE K. SUJANA Date: 13.02.2025 gms
Note:
Issue CC by tomorrow
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.2031 of 2025
13.02.2025
gms
Note:
Issue CC by tomorrow
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