Citation : 2025 Latest Caselaw 42 Tel
Judgement Date : 1 May, 2025
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.6065 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short, 'the BNSS') by the
petitioners/respondent Nos.2 to 4 to quash the proceedings against them in
D.V.C.No.01 of 2025 pending on the file of Judicial First Class Magistrate at
Vemulawada.
2. Heard Sri Ch.Chaitanya Mitra, learned counsel for the petitioners and
Sri Arun Kumar Doddla, 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 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 petitioner Nos.1 to 3 herein/respondent
Nos.2 to 4 in D.V.C.No.01 of 2025 pending on the file of Judicial First Class
Magistrate at Vemulawada, is dispensed with, except on the dates whenever
their presence is required by the trial Court, and they shall be represented
2015 (2) ALD (CRL.) 764
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.
________________________ JUSTICE K. SUJANA Date: 01.05.2025 gms
Note:
Issue CC by tomorrow
THE HON'BLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.6065 of 2025
01.05.2025
gms Note:
Issue CC by tomorrow
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