Dismissed

B. Vikram v. The State of Telangana

Telangana HC12 Feb 2024CRLP/1614/2024

Case brief

AI extract

What is this about?

Single Judge quashed the criminal petition seeking to quash domestic violence proceedings, holding it not maintainable as an alternative remedy lies under Section 29 PDVA 2005. Court dispensed with personal appearance of petitioners in the domestic violence case.

What did the court decide?

Petition dismissed; appearance of petitioners in D.V.C. No. 14 of 2023 dispensed with except when required by trial court.

B. Vikram Vs The State of Telangana — Domestic Violence | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY ,THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 1614 OF 2024

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Between:

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'1. B. Vikram, Sio. B. Shantha Kumar Aged about 31 years, Occ. Private Job Ryo. Plot No. 9, Brindavan Colony, Opp. SVS Dental Hospital Lane, Mahabubnagar

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B. Shantha Kumar,, S/o. B. Raj eshwar, aged about 6,0 years, Occ. Retired Junior Assistant, R/o. Plot No. 9 Brindavan Colony, Opp. SVS Dental Hospital Lane Mahabubnagar

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B. Manemma,, W/o. B. Shantha Kumar Aged about 50 years, Occ. Asha Worker R/o. Plot No. 9, Brindavan Colony, Opp. SVS Dental Hospital Lane Mahabubnagar

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Mamata,, Wo. Kiran Aged 32 years, Occ. house wife, Rt/o. Plot No. 490 Backside Q City, Harinivas, Gachibowli, Hyderabad

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Kiran,, S/o. Ramappa, aged 34 years, occ. Private Job Rl/o. Plot No. 490, Backside Q City, Harinivas, Gachibowli, Hyderabad

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..,PETITIONERS/RESPONDENTS 1 to 5

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AND

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1 The State of Telangana, Rep by its Public Prosecutor, High Court of Telagnana At Hyderabad

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2 Smt. L. Anusha @ Nitya, Wo. B. Vikaram (D/o. L. Ganesh) Aged about 28 years, Occ. Student and Household F/o. H No. 44-89114101, Ramnagar Colony Wanaparthy Town and District

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...RESPONDENT/DEFACTO 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 quash the proceedings in D.V.C. No. 14 of 2O23 on the fite of the I Additional Judicial Magistrate First Class, Wanaparthy against the petitioners/respondents 1 to 5. l.A NO: 1OF 2024

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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 Stay alt further proceedings in D.V.C. No. 14 of 2023 on the file of the I Additional Judicial Magistrate First Class, Wanaparthy against the petitioners/respondents 1 to 5, pending disposal of main 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 J. ANJANEYULU, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No-1 and none appeared for the Respondent No.2. The Court made the following: ORDER

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I I

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THE HON,BLE^{SMT. JUSTTCEK.SUJANA}

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CRIMTNAL PEf,ITION^{No.L6L4 of 2o24}

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ORDER:

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This Criminal Petition^{is filed under Section482 of the} Code of Criminal^{Procedure,1973 (for short'Cr'P C'') by the} petitioners/respondent^{Nos.1 to 5, to quash the proceedings against} theminD.V.C.No.14of2023pendingonthefileoflAdditional Judicial Magistrate^{of First Class, Wanaparthy'}

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2.Heardthelearnedcounselforthepetitionersandthelearned AssistantPublicProsecutorforrespondentNo.l_State.Perused the record.

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In the light^{of the judgment hGaddameediNagamanitt'} State o! Telanganar^{a petition to quash the proceedingsin} 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 appea-l againstthe act of the Court} below in taking^{cognizance and numberingthe D'V'C'}

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' 2ots \2]tALD^{(cRL.) 764}

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SK5,J Crl.P.No.1514 OF 2024

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

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However, in view of the request made by the learned counsel for the petitioners, the appea-rance of the petitioners herein/respondent Nos.2 to 5 in D.V.C.No. 14 of 2023 pending on the hle of I Additional Judicial Magistrate of First Class, Wanaparthy, 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 automatically.

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Accordingly, the Criminal Petition is disposed of.

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Miscellaneous applications, if any pending, shall also starrd

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closed.

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Sd/- V.KAVITHA ASSISTANT REGISTRAR //TRUE COPY// I _--SECTIdN OFFICER

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To,

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The I Additional Judicial Magistrate First Class Wanaparthy.

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One CC to SRl. J ANJANEYULU, Advocate [OPUC].

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Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT].

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4 Two CD Copies

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HIGH COURT

DATED: 1210212024

OROER

CRLP.No.1614 of 2024

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CRLP IS DISPOSED OF

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B. Vikram v. The State of Telangana

Case brief

What is this about?

What did the court decide?

B. Vikram v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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