Disposed

Akula Sathevva v. The State of Telangana

Telangana HC15 Jul 2024CRLP/7742/2024

Case brief

AI extract

What is this about?

High Court held that a petition to quash Domestic Violence Case proceedings is not maintainable under Section 482 Cr.P.C. due to Maintainability due to alternative remedy under Section 29 of the DV Act. However, dispensed with appearance of petitioners in the underlying case.

What did the court decide?

Criminal Petition disposed on the condition that petitioners avail the alternative remedy of appeal under Section 29 of the DV Act; appearance of petitioners in the underlying MVC dispensed with.

Akula Sathevva Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE FIFTEENTH DAY OF JULY 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:.7742 OF 2024

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Between:

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1 Akula iSathevva, w/o Late Venkatesham Aged about 52 years, occ.Agriculture r/o Hanmajipet village of Banswada tvlandal, Kamareddy District.

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2 Duggam Laxmi @ Anitha, w/o Sanjeevulu, aged about 32 years, occ. Beedi roller, irlo H.No.1-65/1, Durki, Biknoor Mandal, Kamareddy District. Duggam I Sanjeevulu, Wo Bhumaiah, aged About about 42 years, occ.Agriculture, r/o H.No.1-65/1, Durki, Biknoor lvlandal, Kamareddy District.

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...PETtTTONEFyACCUSED(S)

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AND

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The State of Telangana, rep. by its Public Prosecutor, High Court, Hyderabad.

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Akula Maneesha, w/o Sailu, aged about 23 years, occ.Housewife, presently r/o H.No. 6-12, Bhavanipet village of Lingampet [\4andal, Kamareddy District.

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...RESPONDENTICOMPLAI NANTS

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Petition under Section 482 of Cr.P.C prayinq that in the circumstances stated in the [remorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to the D.V.C.No. OG ot 2024 on the file of ;the Judicial First Class Magistrate at Yellareddy and quash the proceedings l thereon, and to grant such other relief or reliefs as this Honble Court deems fit i and proper in the circumstances of the case.

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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 grant stay of all further proceedings including the appearance of the petitioners in D.V.C.No. OG of 2024 on the file of the Judicial First Class Irlagistrate at Yellareddy, pending disposal of the Criminal Petition-

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This Petition coming on for hearing, upon^{perusingthe tvlemorandumof} Grounds of Criminal Petition and upon^{hearing the argumentsof} Sri M. Bhushan Reddy, Advocate^{for the Petitioner and the AdditionalPublic} Prosecutor on behalf of the Respondent^{No.1and noneappearedfor the} Respondent No.2.

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The Court made I the following: ORDER

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ORDER:

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THE HON'BLE SMT. JUSTICE K. SUJANA

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CRIMINAL PDTITION No.7742 of 2O24

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This Criminal Petition is hled under Section 482 of the Code of Criminal Procedtire, ,1973 (for short 'Cr.P.C.') by the petitioners/ respondent Nos.2 to 4 to quash the proceedings against them in D.V.C.No.6 of 2024 pending on the hle of Judicial First Class Magistrate at Yellareddy.

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'' r !.. , I^!', iti .,{tr,rl'! 2 Heard the learned counsel for the pctitioners and the iearned Additional Public Prosecutor for respondent No. I - State. Perused the record.

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In the light of the^judgment kr Gaddameedi Nagamani a. State ot Telanganal a petition to quash the proceedings in 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 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.l to 3 herein/respondent Nos.2 to 4 in D.V.C.No.6 of 2024 pending on the file of Judicial First Class Magistrate at Yellareddy, is dispensed with, except on the dates whenever their presence is required by the trial Court, and they shall be

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'zor5 121^{ALD(cRL.) 764}

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: '

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represented by their counsel on every date of hearing and in case c

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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 stand closed.

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Sd/. N. CHANDRA SEKHAR^RAO ASSISTANT REGISTRAR

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//TRUE COPY// : SECTION OFFICER To,

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The Judicial First Class^{t\ragistrateat Yellareddy}

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One CC to Sri^{M. Bhushan Reddy,Advocate} [OPUC]

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3.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

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Two CD Copies

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HIGH COURT

DATED:1^510712024

ORDER

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CRLP.No.7742^{of 2024}

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D sposing of^{the Criminal Petition}

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Akula Sathevva v. The State of Telangana

Case brief

What is this about?

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Akula Sathevva v. The State of Telangana

Case brief

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