Telangana High Court

CRLP/12909/2023 of Gudishala Hanumanth Rao Vs State of Telangana, on 29 December 2023

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THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI CRIMINAL PETITION NO: 12909 OF 2023 Between: 1. Gudishala Hanumanth Rao, S/o Late G.Ramaswamy, Aged 65 years, Occ. Running Clinic, 2.

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

CRIMINAL PETITION NO: 12909 OF 2023

Between:1. Gudishala Hanumanth Rao, S/o Late G.Ramaswamy,Aged 65 years, Occ. Running Clinic,2. Gudishala Subhasini, Wo G.Hanumanth Rao,Aged 58 years, Occ. Govt. Teacher,Chillamcherla ZPHS, Manpada Mandal,Mahaboobabad District, Both areRyo H.No.55-2-581/1 2, Bank Colony,Street No.2, Bheemram,Hanumakonda, Warangal District.3. Smt.G.Aruna Kranthi, W/o Rai Kumar,Aged 40 years, Occ. Housewife, Rl/o H.No.1-8-213,Sainagar, Balasamudram, Hanamkonda,Hanamkonda District (Erstwhile warangal ?.l"J!f;[l;""rr*""pondenrs No.2 ro 4AND1 . State of Telangana, Rep. by its Public Prosecutor,High Court for the State of Telangana at Hyderabad. . Respondent No.12. Smt.Gudishala Sneha Latha, Wo Anoop Kiran,Aged 33 years, Occ. Dentist,3. Baby Gudishala Aarna Kriti, D/o Anoop Kiran,Aged 10 years, Occ. Student, Being minor,rep. by her mother and natural guardianSmt.Gudishala Sneha Latha Both areRyo H.No.16-255, Sri Sri Homes, Almasguda,Badangpet, Ranga Reddy District-s00058.

...Respondent No2.and 3 rcomplainants

Petition under S€ction 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to call for records and quash the Proceedings against thePetitioners/Respondents No.2 to 4 in D.V.C.No. 125 of 2022 on the file of VtAdditional Junior Civil Judge-cum-Vl Additional Metropolitan Magistrate, RangaReddy District at L.B.Nagar.

I.A. N20F 2023

Petition under Section 482 of Cr.P.C praying that in the circumstancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to grant stay of all further proceedings against thePetitioners/Respond ents No.2 to 4 in D.V.C.No. 125 of 2022 on the file of the VlAdditional Junior Civil Judge-cum-Vl Additional Metropolitan Magistrate, RangaReddy District at L.B.Nagar.

This Petilion coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri papaiahPeddakula, Advocate for the Petitioners and the Public [prosecutor ]on behalf ofthe Respondent No. 1 .

The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE [T. ][MADHAVI DEVI]CRIMINAL PETITION No.129O9 of2o23

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ORDER:

This Criminal Petition is hled under [Section 482 ][of ][the ][Code ][of]Criminat Procedure, 1973 [(for ]short 'Cr.P.C.J [by ][the ][petitioners/]2 to 4 to [quash ][the ][proceedings ][against ][them ][in]respondents D.V.C.No.125 of 2022 [pending ]on [the ][hle ][of ][the ][VI ][Additional ][Junior]Civil Judge-cum-Vl Additional [Metropolitan Magistrate, ][Ralga ][Reddy]District at L.B. Nagar.

2. Heard Sri Papaiah Peddakula, [learned ][counsel ][for ][the petitioners]and Sri B. Suresh Goud, learned [Assistant ][Public ][Prosecutor for]respondent No. 1- State. [Perused ][the ][record.]3. In the tight of the the tight of the tight of the of the the [[judgment ]]in [[Gaddameedi ][Nagamtni v. ][State ][ot]][[Nagamtni v. ][State ][ot]][[State ][ot]][[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, 2OO5 [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.

In the tight of the the tight of the tight of the of the the [[judgment ]]in [[Gaddameedi ][Nagamtni v. ][State ][ot]][[Nagamtni v. ][State ][ot]][[State ][ot]][[ot]]

' [2ots ]l2l [ALD (cRL.) 764]

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4. In view of the above, the petitioners are at liberty to avail the saida,lternative remedy.

5. However, in view of the request made by the learned counsel forthe petitioners/respondents, the appearance of the petitioners/respondent Nos.2 to 4 in D.V.C.No. 125 of 2022 pending on the file ofthe VI Additional Junior Civil Judge-cum-Vl Additional MetropolitanMagistrate, Ranga Reddy District at L.B. Nagar, is dispensed with,except on the dates whenever their presence is required by the triatCourt, and they shall be represented by their counsel.

6. Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, if any pending, shall also stand closed.

SD/. V.KAVITHA

ASSISTANT REGIST,RAR

ESECTION OFFICER

//TRUE COPY//

To,

1. The Vl Additional Junior Civil Judge-cum-Vl Additional [Metropolitan]Magislrate, Ranga Reddy District at L.B.NagarMagislrate, Ranga Reddy District at L.B.Nagar

2. One CC to Sri Papaiah Peddakula, Advocate [OPUC]

3. Two CCs to The Public Prosecutor, High [Court for the state of Telangana ][at]Hyderabad [OPUC]Hyderabad [OPUC]

4. Two CD Copies

-U

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HIGH COURTDATED:2911212023

ORDER

CRLP.No.12909 of 2023

CRIMINAL PETITION IS DISPOSED OF

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