Dismissed

Gajula Rama Rao v. The State of Telangana

Telangana HC21 Feb 2024CRLP/2022/2024

Case brief

AI extract

What is this about?

The High Court held that quashing proceedings under Section 482 CrPC in a Domestic Violence Case is not maintainable as an appeal lies under Section 29 of the Protection of Women from Domestic Violence Act. While dismissing the petition, the appearance of the petitioners in the underlying case was dispensed with.

What did the court decide?

The appearance of petitioners Nos.2 and 3 in D.V.C.No.93 of 2023 is dispensed with. Criminal Petition dismissed; miscellaneous applications closed.

Gajula Rama Rao 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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WEDNESDAY, THE TWENTY FIRST^{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:2022OF²⁰²⁴

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Between:

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1 Gajula Rama Rao, S/o. Pattabhi Ramaiah,^(R -^{2) aged about 61 years, Occ.} Agriculture R/o. Sri Rampuram Village, Allaparrupanchayat^{NagaramMandal,} Guntur District, Andhra Pradesh.

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2 Gaiula Krishnakumari, W/o. Gaiula Rama^{Rao (R} -^{3) aged about 61 years,} Oct. Agriculture Rl/o. Sri Ranipuram^{Village, AllaparrupanchayatNagaram} Mandal, Guntur District, Andhra Pradesh.

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...Petitioners/ResPondents

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AND

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1 The State of Telangana, Rep. by^{its Public Prosecutor,High Court for the} State of Telangana, Hyderabad.

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2 Lavanva Kunisettv. W/o. Gaiula Raiesh,^{D/o.K. NarayanaRao,aged about} 34^yedrs, Occ. noi known^{Rl/o.H. No. 19-122,Sharada Nagar, Dilshuknagar,} R.R. District, Hyderabad.

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3 Gajula Shyam Akshaj, S/o.^{Gajula Rajeshaged about '10 ye^ars,} .Occ. .Student, Re'p. bv hi! mother aiid^guardiln, Lav'anya^{Kunisefty, Wo.Galula Raiesh,} D/ri. K.'Narayana Rao, R/o. H.^{No.19-122, Sharada Nagar, Dilshuknagar,} R.R. District, Hyderabad.

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...Respondents/ComPlainant

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Petition under Section 482 ol Cr.P.C^{praying that in the circumstances} stated in the Memorandum of Grounds of^{Criminal Petition, the HighCourtmaybe} pleased to quash all further proceedings in respect of the^{petitioners, in D.V.C.No.} 93 of 2023 on the file of V Additional^{Metropolitan Magistrate, Cyberabadat} L.B.Nagar, Ranga Reddy District,ⁱⁿ the interest^{of justice.}

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l.A. NO: 2OF 2024

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Petition under Section⁴⁸² of Cr.P.C^{prayingthat in the circumstances} stated in the Memorandum of^{Groundsof Criminal Petition,the HighCourtmaybe} pleased to stay alt further proceedings including the appearance^{of the petitioners} in D.V.C. No. 93 of 2023^on the file of V^{Additional Metropolitan Magistrate,} Cyberabad at L.B.Nagar, Ranga Reddy^{District, pending disposal of the above} Criminal petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of M/s. Tanushree Bose, Advocate for the petitioner and the Assistant public prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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, , II

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THE HON'BLE SMT. JUSTICE K. SUJANA

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CRIMINAL PETITION No.2O22 of 2024

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ORDER:

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This Criminal Petition is hled under Section 482 of the Code of Criminal Procedure, 1973 (for short'Cr.P.C.) by the petitioners/ respondent Nos.2 and 3 to quash the proceedings against them in D.V.C.No.93 of 2O23 pending on the flle of V Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar, Ranga Reddy District.

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Heard the learned counsel for the petitioners and the learned Assistalt Public Prosecutor for respondent No.1 - State. Perused the record.

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In the light of the^judgment in Gad.d.ameedi Ndgdmani a. State of Telanganal a petition to quash the proceedings in Domestic Violence Case is not maintainable, as Section 29 of th,e Protection of Women from Domestic Violence Act, 2005 affords an efflcacious remedy by way of an appeal against the act of the Court 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 alternative remedy.

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However, in view of the request made by the learned counsel for the petitioners, the appearance of the petitioner Nos.2 ald 3 herein/ respondent Nos.2 and 3 in D.V.C.No.93 of 2023 pending on the file of V Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar, Ranga Reddy District, is dispensed with, except on the dates whenever their presence is required by

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'zots 1z;^{ALD (cRL.)764}

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the^{tialCourt, and they shall be representedby their counsel on every date} of hearrngarrd^{in case of default' this ordergets vacatedautomatically}

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