Telangana High Court
Bobbili Balaiah vs The State Of Telangana on 22 December, 2023
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
CRIMINAL PETITION No.12657 OF 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners to quash the proceedings against them in D.V.C.No.2 of 2023 pending on the file of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayanpet District.
2. Heard learned counsel for the petitioners and learned Assistant Public Prosecutor representing 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. 2 TMD,J CRL.P.No.12657 of 2023
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 in D.V.C.No.2 of 2023 pending on the file of Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Narayanpet District, is dispensed with, except on the dates whenever their presence is required by the trial Court, and they shall be represented by their counsel.
6. Accordingly, the Criminal Petition is disposed of.
Miscellaneous Applications, if any, pending in this Criminal Petition shall stand closed.
___________________ T. MADHAVI DEVI, J Date: 22.12.2023.
ssp 1 2015 (2) ALD (CRL.) 764