Thadi Jagadeesh Vs The State of Andhra Pradesh — Domestic Violence | Andhra Pradesh HC (2026)

Thadi Jagadeesh Vs The State of Andhra Pradesh — Domestic Violence | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Personal appearance of Petitioner Nos. 2 to 4 in DVC No. 99 of 2025 dispensed with except on dates the learned Judge deems their presence necessary; Criminal Petition disposed of accordingly; interlocutory applications, if any, pending shall stand closed.

Issue for consideration

Whether the Criminal Petition filed under Section 528 BNSS seeking quashing of the proceedings in DVC No. 99 of 2025 (offence under Section 12, Protection of Women from Domestic Violence Act, 2005) before the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool should be allowed. +1 more

Ratio / Principle

The presence of Petitioner Nos. 2 to 4 (Respondent Nos. 2 to 4) before the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool in DVC No. 99 of 2025 is dispensed with, except on those dates when the learned Judge feels that their presence is necessary.

Detailed headnote1 paragraphs

Criminal Petition No. 4917 of 2026, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), decided on 13.07.2026 by Justice Maheswara Rao Kuncheam. Filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023 by Thadi Jagadeesh and three family members (Accused/Petitioner Nos. 1 to 4) seeking quashing of proceedings in DVC No. 99 of 2025 on the file of the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005, initiated at the instance of Respondent No. 2 (complainant Melakuntla Ramyasri). During hearing, counsel restricted the prayer to dispensation of the petitioners' personal appearance before the trial Court. Considering the submissions of counsel and the Assistant Public Prosecutor and the material on record, the Court dispensed with the presence of Petitioner Nos. 2 to 4 in the DVC proceedings except on dates when the learned Judge feels their presence necessary, and disposed of the Criminal Petition, closing pending interlocutory applications, if any. No precedent was cited; no quashing of the DVC proceedings was directed.

APHC010309322026

IN THE HIGH COURT OF ANDHRA

PRADESH AT AMARAVATI

(Special Original Jurisdiction)

MONDAY, THE 13^th DAY OF JULY 2026

[3504]

PRESENT

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 4917/2026

Between:

THADI JAGADEESH, S/O T.MADDILETY,AGED 28 YEARS, OCC UNEMPLOYEE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.101, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN.

THADI MADDILETY, S/O. YELLAIAH,AGED 57 YEARS, OCC CONTRACTOR,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN

THADI RAMATULASI, W/O. T.MADDILETI,AGED 48 YEARS, OCC HOUSEWIFE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN

THADI HIMABINDU, D/O.T.MADDILETY,AGED 27 YEARS, OCC HOUSEWIFE,R/O H.NO.1-104, TADAKNAPALLI VILLAGE,KALLUR MANDAL OF KURNOOL DISTRICT,NOW R/O FLAT NO.LOL, VISWASAI APARTMENTS,KISAN NAGAR, NEAR AMMA HOSPITAL, KURNOOL TOWN

...PETITIONER/ACCUSED(S)

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT FOR THE STATE

2

OF A.P. AT AMARAVATI

MELAKUNTLA RAMYASRI, D/O. LATE MADHUSUDHAN RAO,AGED ABOUT 27 YEARS, OCC SAREEE BUSINESS,R/O. FLAT NO. 101, 1 FLOOR, VISHWA SAI NIVAS,ARORA NAGAR, B-CAMP, KURNOOI - 518 002.PRESENT R/O D.NO. 111/9/58, 138 LANERAGAMAYURI VILLAGE, KALLUR MANDAL KURNOOL DISTRICT, A.P-518 218 ...RESPONDENT/COMPLAINANT(S):

Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to quash the proceedings in DVC. No.99/2025, on the file of the Honble IV Addl. Judicial Magistrate of First Class- cumSpecial Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable U/SS 12 of the Protection of Women from Domestic Violence act, 2005 (43 of 2005)against the PetItioners/RespondentsNos.lto 4 and pass

IA NO: 1 OF 2026

Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased may be pleased to grant stay of all further proceedings including appearance of the Petitioners/Respondents Ito 4 in DVC. No.99/2025, on the file of the Hon'ble IV Addl. Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable U/SS 12 of the Protection of Women from Domestic Violence act, 2005 (43 of 2005), against the Petitioners/Respond ents Nos. Ito 4 and pass

Counsel for the Petitioner/accused(S):

1.P VENKATA NARASIMHULU

2.P.VENKATA NARASIMHULU

Counsel for the Respondent/complainant(S): 1.PUBLIC PROSECUTOR

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 4917 of 2026

The Court made the following Order:

Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhitha, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in DVC No.99 of 2025 on the file of the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool, for the offence punishable under Section 12 of the Protection of Women under Domestic Violence Act, 2005.

Heard learned counsel for the petitioners and Sri Nelothpal Ganji, learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State.

Learned counsel for the petitioners submits that the petitioners herein are charged for the offence punishable under Section 12 of the Protection of Women under Domestic Violence Act, 2005, in DVC No.99 of 2025 on the file of the Additional Judicial Magistrate of First Class-cum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool.

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During the course of arguments, learned counsel for the petitioners restricted his prayer to the extent of dispensing with the personal appearance of petitioners herein in the DVC proceedings before the trial Court.

On the other hand, the learned Assistant Public Prosecutor submits that there are specific allegations against the petitioners herein and as such, he opposed the prayer of the petitioners.

However, considering the submissions made by learned counsel for the petitioners as well as learned Assistant Public Prosecutor and after perusal of the entire material available on record, the presence of petitioner Nos.2 to 4 (Respondent Nos.2 to 4) alone before the Additional Judicial Magistrate of First Classcum-Special Judicial Magistrate of First Class for Prohibition and Excise Court, Kurnool in DVC No.99 of 2025 is hereby dispensed with, except on those dates when the learned Judge feels that their presence is necessary.

Accordingly, the Criminal Petition is disposed of.

Interlocutory applications, if any, pending shall stand closed.

____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM

Date: 13.07.2026 PSA

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

CRIMINAL PETITION NO: 4917 of 2026

Date: 13.07.2026

PSA