Partly allowed

Bandanadam Frances v. The State of Telangana

Telangana HC2 Sept 2024CRLP/10137/2024

Case brief

AI extract

What is this about?

Petitioners filed a Criminal Petition under Section 482 CrPC to quash domestic violence proceedings. Court held quashing not maintainable as appeal is the remedy but dispensed with appearance of petitioners pending case whenever trial court presence is not required, provided no warrants exist.

What did the court decide?

Quashing dismissed; appearance of petitioners in Domestic Violence Case dispensed with subject to condition of no pending warrants and default leading to vacation of order.

Bandanadam Frances Vs The State of Telangana — Domestic Violence | Telangana HC (2024)

¶1

i I I

¶2

IN THE HIGH COURT FOR THE STATE OF^{TELANGANAAT HYDERABAD}

¶3

IUONDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY^FOUR

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE K. SUJANA

¶6

CRIMINAL P ETITION NO:^{10'137OF 2024}

¶7

Between:

¶8

'l . Bandanadam Frances, S/o. Bandanadam Anthony, Aged about 63 Years, Occ. Postman, R/o. Josafpeta^{Village, Venkatachalam Mandal, Nellore} District, Andhra Pradesh.

¶9

Bandanadam Kusumakumari, Wo.^{Bandanadam Frances,Aged about58} Years, Occ. Household, R/o. Josafpeta^{Village,VenkatachalamMandal,} Nellore District, Andhra Pradesh.

¶10

Madasu Nirmala Jyothi, W/o.^{lVladasuSleevaRaju, Aged about41 Years,} Occ. Household, Fyo. H.No.6-2-845,^{Meer Bagh Colony, Hyderabad Road,} Nalgonda, Telangana.

¶11

Madasu Sleeva Raju, S/o. Madasu^{lnnaiah Late, Aged about 43 Years,Occ.} Private Lecturer, R/o. H.No.6-2-845,^{Meer Bagh Colony, Hyderabad Road,} Nalgonda, Telangana.

¶12

... Petitioner/Respondent Nos.2^{to 5}

¶13

AND

¶14

The State of Telangana,^{Rep by Police, Koutala, KumarambheemAsifabad} Dist., Through its P,blic Prosecutor,^{High Court for the State of Telanganaat} Hyderabad,

¶15

Bandhanadam Prathiba, W/o.^{BandhanadamRaviKumar,Aged about31} Years, Occ. Household, Rio. Vijayanagaram^{Village, KoutalaI,4andal,} Komarambheem Asifabad, Telangana.

¶16

B. Merry fvleghana, D/o- Ravi Kumar. Aged^{10 Years.}

¶17

B. Manashvi, D/o. Ravi Kumar, Aged⁵ Years.

¶18

[Both^{Respondent No.3 and 4 are minors and are under the care and custody} of Respondent No.2/ Aggrieved Person^{No.1 who is the motherl}

¶19

... Res ponde nts/Ag rieved Persons

¶20

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 relating to D.V.c. No. 16 oF 2023 on the file of the Junior civil Judge-cum-Judicial First-class Magistrate at sirpur Town and quash the same.

¶21

l.A. NO: 2 OF 2024

¶22

Petition under Section 482 ot Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay all further proceedings including the appearance of the petitioners in D.V.c. No. 16 oF 2023 on the file of the court of the Junior civil Judge-Cum-Judicial First-Class Magistrate at Sirpur Town.

¶23

This Petition coming on for hearing, upon perusing the [.4emorandum of Grounds of Criminal Petition and upon hearing the arguments of sri Mettu Niranjan Reddy, Advocate for the petitioner and srl E.Ganesh, Asst. Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2 to 4.

¶24

The Court made the following: ORDER

¶25

¶26

THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINAL PETITIO N No.1O137 of2024

¶27

ORDER:

¶28

This Crimina-1 Petition is filed under^{Section528 BharatiyaNagarik} Suraksha Sanhita^(for short tsNSS)^{by the petitioners/ respondentNos 2 to} 5 to quash the^proceedings against^{them in D.V.C.No. 16 of 2023 pendingon} the lile of learned Junior civil^{Judge-cum-Judicia-lFirst class Magistrate at} Sirpur Town.

¶29

Heard Sri Mettu Niranjan Reddy,^{learnedcounsel for the petitioners} \ ' ald Sri E.Ganesh, learned Assistant Public Prosecutor for respondent No'1 - State. Perused t]le record.

¶30

In the light'of the^judgment in^{GaddameediNagamanla. State oJ} Telanganar a petition to^{quashthe proceedingsin Domestic ViolenceCase} is not maintainable, as Section^{29 of the Protectionof Women fromDomestic} Violence Act, 2O05 affords an efflcacious^{remedy by way of an appealagainst} the act of the Court below in taking^{cogrrizanceand numbering the D.V.C.}

¶31

In view of the above, the^{petitionersare at liberty to avail the said} alternative remedy.

¶32

However, in view of the request^{made by the learned counselfor the} petitioners, if there a-re no warrants^{pending againstthe peLitioners, the} appearance of the petitioners/^{respondentNos.2 to 5 toquashthe} proceedings against them in D.V.C.No.¹⁶ of^{2023 pendingon the itle of}

¶33

'zots 1z1ALD lcRL.)⁷⁶⁴

¶34

¶35

learned Junior civil Judge-cum-Judicial pirst class Magistrate at sirpur Town, is dispensed with, except on the dates whenever their presence is required by the trial court, and they shall be represented by their counsel on every date of hearing and in case of default, this order gets vacated automatica.lly ,

¶36