Disposed

Bandari Sunitha v. The State of Telangana

Telangana HC24 Jul 2023CRLP/6760/2023

Case brief

AI extract

What is this about?

The High Court held that a petition under Section 482 Cr.P.C. to quash proceedings in a Domestic Violence case is not maintainable as Section 29 of the Protection of Women from Domestic Violence Act provides an efficacious remedy by way of appeal. The petition was disposed of without prejudice to the right to apply for discharge.

What did the court decide?

Dispersed with personal appearance of petitioners in DVC No.14 of 2023 pending; liberty to file discharge application.

Bandari Sunitha Vs The State of Telangana — Domestic Violence | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IVIONDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY

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CRIMINAL PETITION NO: 6760 OF 2023

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Between:

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Bandari Sunitha, Wo. B.Rangaiah, Aged 56 Years, Occupation. Farmer, Rl/o. H.No. 4-817, Yenugonda, Mahaboob Nagar District, Telangana.

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Bandari Rangaiah, S/o. B.Pullaiah, Aged 58 Years, Occupation. Business, Rl/o. H.No. 4-817, Yenugonda, Mahaboob Nagar District, Telangana.

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B.Uma Rani alias Rani, W/o. Suram Shekar, Aged 36Years, Occupation. Housewife, Ri/o. H.No. 2-13, Konda Reddy Palli, Keshampet Mandal,

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.^{Pomalpalle,MahabubnagarDistrict,Telangana.}

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4.^)Suram Shekar alias Shekar, S/o. Suram Venkaiah, Aged 43 Years, Occupation. Government Teacher, Fl/o. H.No. 2-13, Konda Reddy Palli, Keshampet Man al, Pomalpalle,Mahabubnagar District, Telangana

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Bandari Sai Krishna alias Bandari Sai, S/o. B.Rangaiah, Aged 29 Years, Occupation. Private Employee, R/o. H.No. 4-817, Yenugonda, tvlahabo6gNagar District, Telangana

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...PETITIONER 1 TO s/RESPONDENT NOS.2 TO 6

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AND

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The State of Telangana, Rep. by its Public Prosecutor , T.S. High Court Hyderabad

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Bandari Archana, W/o. Bhandari Sai Shiva Kumar, Aged 21 Years, Occupation. Housewife, Rl/o. H.No. 1-10-113, Hanuman Temple, Shahshabgutta, Mahabubnagar Proper, Telanagana.

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...RESPONDENT/COMPLAINANT

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in DVC No.'14 of 2023 on the file of the Honourable lll ADDITIONAL JUNIOR CIVIL JUDGE CUM lll ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS AT MAHABUBNAGAR

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l.A. NO: 1OF 2023

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of qrounds of Criminal Petition,the High Court may be pleased to dispense in filing of the certified copy of Petition copy in DVC No. 14 of 2O23 On the file of the lll ADDITIONAL JUNIOR CIVIL JUDGECUM lll ADDITIONAL JUDICIAL MAGISTRATE FIRST CLASS: AT MAHABUBNAGAR pending disposal of criminal petition

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This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri RACHAKONDA RAMAKRISHNA, Advocate for the Petitioner and Assistant the Public Prosecutor (TG) on behalf of the Respondent No.1 and of None appeared for the Respondent No.2

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The Court made the following: ORDER

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)

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HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY

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CRIMINAL PETITION No.676o OF 2023

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Crimina-l Procedure, 1973 (for short 'Cr.P.C.') by the petitioner Nos.l to S/respondenrs Nos.2 to 6 to quash the proceedings against them in D.V.C. No.14 of 2023 pending on the file of the III Additional Junior Civil Judge-cum-lll Additional Judicial Magistrate First Class, Mahabubnagar.

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Fleard learned counsel for the petitioners and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.

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In the light of the judgment in Gaddameedi Nagamani o. State of Telangancr, a petition to quash lhe proceedings in Domestic Violence Case is not maintainable, as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious

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remedy by way of an appeal against the act of the CoLrrt below in taking cognizance and numbering the D.V.C

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In view of the above, the petitioners are at liberty to avail the said remedy.

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However, in vieu, of the request made by the learned counsel for the petitioner Nos. 1 to 5/ respondent Nos.2 to 6, the appearalce of the petitioner Nos.l to 5/respondents No.2 to 6 in D.V.C.No.14 of 2023 pencling on the file of the III Additional Junior Civil Judge-cum-lII Additional Judicial I\4agistrate First Class, Mahabubnagar, is dispensed with, except on the dates whenever their presence is required by the tria-l Court, and they shall be represented by their counsel. Further, the petitioners are at liberty to file an application seeking their discharge. On suci-r applicatio.n being hled, the trial Court shall dispose o[ the same on merits without being influenced by any of the obsenrations made by this Court in the present order.

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Accordingly, the Criminal Petition is disposed of

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Miscellaneous applications pending, if any, sha.ll

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stand closed.

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SD/.T. JAYASREE ASSISTANT REGISTRAR /ITRUE coPY/t cb

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SECiION OFFICER

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To,'.1. The lll Additional Junior Civil Judge cum lll Addl. Judicial Magistrate First Class Mahabubnagar 2. 6.iJ-cd1;-snr.^{FHcHnroslp4 n,{IuAKRISHNA Advocate [oPUC]} 5. iil ccsi"^{ine puelrb'FRosecuion,Hish courtfor the Stateof} Telangana at^HYderabad [OUT]

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Two CD CoPies

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KKS \P-\

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HIGH COURT

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DATED:2410712023

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ORDER

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CRLP.No.6760 of 2023

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DISPOSING OF THE CRLP

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Bandari Sunitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bandari Sunitha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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