Citation : 2025 Latest Caselaw 1228 Tel
Judgement Date : 22 January, 2025
HON'BLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.142 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023(for short 'BNSS') by the
petitioners/respondents Nos.2 to 5 to quash the proceedings against
them in D.V.C.No.22 of 2024 pending on the file of IX Additional
Metropolitan Magistrate, Ranga Reddy District at Kukatpally.
2. Heard M/s.N.Harinadh, learned counsel for the petitioners
and Sri Jithender 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 Telangana1 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 petitioner is 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.2 to 5 in IX Additional Metropolitan
Magistrate, Ranga Reddy District at Kukatpally, 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: 22.01.2025 BV
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