Citation : 2025 Latest Caselaw 1181 Tel
Judgement Date : 21 January, 2025
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.50 of 2025
ORDER:
This Criminal Petition is filed by the petitioners/respondent
Nos.1 to 5 to quash the proceedings against them in D.V.C.No.35 of
2022 pending on the file of the learned Special Judicial Magistrate of
First Class (Mobile) for Trial of Cases under PCR Act-cum-III
Additional Junior Civil Judge at Karimnagar.
2. Heard Sri N.Venkataiah, learned counsel for the petitioners
and Sri Jithender Rao Veeramalla, 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.
2015 (2) ALD (CRL.) 764
4. In view of the above, the petitioners are at liberty to avail
the said remedy.
5. However, in view of the request made by the learned
counsel for the petitioners, the appearance of the
petitioners/respondent Nos.1 to 5 in D.V.C.No.35 of 2022 pending
on the file of the learned Special Judicial Magistrate of First Class
(Mobile) for Trial of Cases under PCR Act-cum-III Additional
Junior Civil Judge at Karimnagar, 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, this Criminal Petition is disposed of.
Pending miscellaneous applications, if any, shall stand
closed.
____________________ JUVVADI SRIDEVI, J Date: 21.01.2025 rev
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