Sri Kankappa vs Smt. Uma
2025 Latest Caselaw 1433 Tel

Telangana High Court

Sri Kankappa vs Smt. Uma on 28 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

                HON'BLE SMT. JUSTICE JUVVADI SRIDEVI

                     CRIMINAL PETITION No.857 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 9 to quash the proceedings against

them in D.V.C.No.34 of 2024 pending on the file of Judicial

Magistrate of First Class at Mahaboobnagar.

2. Heard Mr. Nambi Krishna, learned counsel for the

petitioners and Sri Jithender Rao Veeramalla, learned Additional

Public Prosecutor for respondent No.2 - 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 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.2 to 9 in D.V.C.No.34 of 2024 pending

on the file of Judicial Magistrate of First Class at Mahaboobnagar, 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: 28.01.2025

Note:

Issue cc by tomorrow b/o.

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