Kota Madhavi vs Chiluka Alias Godugu Sharada
2025 Latest Caselaw 2610 Tel

Telangana High Court

Kota Madhavi vs Chiluka Alias Godugu Sharada on 27 February, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

                    HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                        CRIMINAL PETITION No.2803 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.5 to 8 to quash the proceedings against

them in D.V.C.No.1 of 2023 pending on the file of Special Judicial

Magistrate of First Class (Excise) at Mancherial.

2. Heard the learned counsel for the petitioners and the learned

Additional Public Prosecutor for respondent-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 petitioners/respondent Nos.5

to 8 in D.V.C.No.1 of 2023 pending on the file of Special Judicial

2015 (2) ALD (CRL.) 764

Magistrate of First Class (Excise) at Mancherial, 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: 27.02.2025 BV