Dismissed

Smt. Dasu Chandravathi v. The State of Telangana

Telangana HC2 Nov 2021CRLP/482/2019

Case brief

AI extract

What is this about?

The High Court held that an order taking cognizance under the Domestic Violence Act is appealable before the Court of Session. The petition to quash proceedings was dismissed, granting liberty to file an appeal instead, and restraining courts from insisting on personal appearance except when required under guidelines.

What did the court decide?

Petition dismissed; liberty to file appeal under Section 29 of the DV Act granted; no personal appearance required except when necessary.

Smt. Dasu Chandravathi Vs The State of Telangana — Domestic Violence | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY,THE SECOND DAY OF NOVETVBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER

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CRIMINAL PETITIO N NO: 482 OF 2019

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Betwee n:

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Smt. Dasu Chandravathi, W/0. D. Durga Prasad, Aged72^years. R/o. H.No.42211-227 ,5th Line, Devinagar. Vijayawada, Krishna District.

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Dasu Durga Prasad, s/o. Dasu Gopala Krishna Murthy, Aged^{78 years. R/o.} H.No. 42-21 1 -227. 5th Line. Devinagar, Vijayawada, Krishna District.

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...PETITIONERS/RESPONDENT

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AND

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The State of Telangana, rep. by its Public Prosecutor, High Court^{for the Stateof} ...RESPONDENT/RESPONDENT

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Telangana.

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Smt. Dasu Sunitha, w/o. Dasu Bhanu Satyanarayanacharya,^{Aged 31 years,Fyo.} H,No.32-443/4. HAL Colony, Gajula Ramaram^Village, Quthbullapur^Mandal. Medchal District.

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...RESPONDENT/PETITIONER

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Petition under Section 482 of Cr.P.C^{praying that in the circumstancesstated} in the fi/emorandum of Grounds of Criminal^{Petition, the High Court may be pleased} to call for the records relating to^{and D.V.C.No.17of 2017 on the file of Vl} Metropolitan Magistrate. [t/edchal^{District. Cyberabad, and quash same}

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l.A. NO: 1 OF 2019

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Petition under section 482 ol^{cr.P.c praying that in the circumstancesstated} in the Memorandum of Grounds^{of criminal Petition,the High court may be pleased} to stay further^{proceedings in D.V.C.No.17of 2017 on the file of Vl Metropolitan} Magisirate, Medchal District. Cyberabad,^{including appearance of the petitioners,} pending disposal ,the above Criminal Petition^.

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This Petition coming on for^{hearing'upon perusing the Memorandumof} Grounds of criminal Petition^{and upon hearingthe argumentsof sri K NISCHALA} ,Advocate^{for the Petitioner and the Public Prosecutor on behalf of the Respondent} No1. and of Sri T.D.RAVI^{KUMAR,Advocate for the Respondent No.2}

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The Court made the following:^ORDER

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THE HON'BLE DT. JUSTICE^{SHAMEEM AKTHER} CRI INAL PETITION^{No.482 of} 019

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ORDER:

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This Criminal Petition, under^{Section 482 of the Code of} Criminal Procedure,^{1973, is filed by the petitionersto quash the} proceedings in D.V.C.No.17 of 2Ol7 on the file of the VI^Metropolitan Magistrate, Medchal District.

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Heard. Perused the record.

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In view of the decision rendered^by this^{Court in Gaddameedi} Nagamani Vs. State of Telangana & Othersl^{the order of taking} cognizance by the Magistrate under the^{provisionsof the Domestic} Violence Act, 2005, is an appealable order under^{Section29 of the} Domestic Violence Act,2005. Under these^{circumstances,the} petitioners are given liberty to file an appeal before lhe Court of Session, as contemplated under^law.

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Further, in view of the decision in Giduthuri^{Kesari Kumar} and others Vs. State of Telangana and others2, the^remedies available to the victim under the Domestic^{Violence Act} are^civilin nature. Therefore, it is not appropriate to insist the^personal appearance of the petitioners, except on the dates when^their personal appearance is required. Further, the Court below is directed to follow the guidelines formulated by this Court in Giduthuri Kesari Kumar's case (reFerred su pra ).

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