Telangana High Court

CRLP/12908/2023 of Miryala Devaiah Vs The State of Telangana on 29 December 2023

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AND 2 3 4 5 Miryala Devaiah, S/o. Ellaiah, Aged about 56 years, Occ. Business, R/o. H.No. 9-5-93, Bhagavanth Rao Nagar, Vemulawada Proper and Mandal, Rajanna Sircilla District. Miryala Vijaya @ Kethamma, Wo. Devaiah, Aged about 50 years, Occ. Household, Rl/o. H.No.9-5-93, Bhagavanth Rao Nagar,

1321s 1

IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

FRIDAY THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENW THREE

PRESENT

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

CRIMINPETITION NO: 12908 OF 2023

Between:

1Miryala Devaiah, S/o. Ellaiah, Aged about 56 years, Occ. Business, R/o.H.No. 9-5-93, Bhagavanth Rao Nagar, Vemulawada Proper and Mandal,Rajanna Sircilla District.H.No. 9-5-93, Bhagavanth Rao Nagar, Vemulawada Proper and Mandal,Rajanna Sircilla District.2Miryala Vijaya @ Kethamma, Wo. Devaiah, Aged about 50 years, Occ.Household, Rl/o. H.No.9-5-93, Bhagavanth Rao Nagar, Vemulawada properand Mandal, Rajanna Sircilla District.Household, Rl/o. H.No.9-5-93, Bhagavanth Rao Nagar, Vemulawada properand Mandal, Rajanna Sircilla District.3Miryala. @.Pastham Shailaja, W/o. Shiva Krishna, Aged about 30 years, Occ.Junior Assistant. C/o. Z.P.H.S., Rudrangi Proper and Mandal, Rajanna SircillaDistrict.Junior Assistant. C/o. Z.P.H.S., Rudrangi Proper and Mandal, Rajanna SircillaDistrict.4Miryala Soujanya, D/o- Devaiah, Aged about 26 years, Occ. Student, R/o.H.No. 9-5-93, Bhagavanth Rao Nagar, Vemulawbda Proper and Mandal,Rajanna Sircilla District.H.No. 9-5-93, Bhagavanth Rao Nagar, Vemulawbda Proper and Mandal,Rajanna Sircilla District.5Pastham Shjva Krishna, S/o. Yellaiah, Aged bout 34 years, Occ. panchayatSecretary, _C/o, _Grama Panchayat, Kammapally V/5. Narsampet Mandal,Warangal Rural District.Secretary, _C/o, _Grama Panchayat, Kammapally V/5. Narsampet Mandal,Warangal Rural District.

,..PETITIONERYRESPONDENTS No. 2 to 6

AND

The State of Telangana, Rep. by its Public Prosecutor, High Court for theState of Telangana, at Hyderabad. ...RESPONDENTState of Telangana, at Hyderabad. ...RESPONDENT

2Miryala Gangeshwari, W/o. Raju, Aged 26 years, Occ. Household, R/o. H.No.1-4413, Raghojipet Village, Medipalli Mand,t, Jagtiat District.1-4413, Raghojipet Village, Medipalli Mand,t, Jagtiat District.

...RESPONDENT/PETITIONER

Petition under Section 482 of Cr.P.C praying that in thb circumstancesstated in the Memorandum of Grounds of Criminal petition, the High Court maybe pleased to Quash the proceedings in D_V.C. No. 7 of 2023 on the file o1Honble Judicial Magistrate of First Class, at Korufla, Jagtial District, against thepetitioners herein/respondents No.2 to 6 therein.

l.A. NO: 1OF 2023

Petition under Section 482 of Cr.P.C praying that in the circumslancesstated in the Memorandum of Grounds of Criminal Petition, the High Court maybe pleased to Stay of all further proceedings including appearance of thepetitioners hereinirespondent No.2 to 6 in D.V.C. No. 7 of 2023 oo the file ofHon'ble Judicial Magistrate of First Class, at Korutla, Jagtial District, pendingdisposal of the above Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum ofGrounds of Criminal Petition and upon hearing the arguments of Sri V.VRAMANA RAO, Advocate for the Petitioner and the SRI B. SURESH GOUD,Assistant Public Prosecutor on behalf of the Respondent No.1 and of Noneappeared for the Respondent No. 2.

The Court made the following: OROER

\

THE HON'BLE SMT. WSTICE T. MADHAVI DEVICRIMINAL PETITION No. L29OA of 2023

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ORDER:

This criminar Petition is frled under section 4g2 of the code ofcriminal Procedure, 1973 (for short 'cr.p.c. J by the petitioners/respondents 2 to 6 to quash the proceedings against them inD.V.c.No.7 of 2023 pending on the file of the Judiciar Magistrate ofFirst Class at Korutla, Jagtial District.

cHeard Sri V.V. Ramala Rao, learned counsel for the petitionersand Sri B. Suresh Goud, learned Assistant pubric prosecutor forrespondent No.1- State. [perused ]the record.and Sri B. Suresh Goud, learned Assistant pubric prosecutor forrespondent No.1- State. [perused ]the record.

3. In the light of the judgm ent in G-ad.dameedi Nagamani o. Storte oJTelanganat a petition to quash the proceedings in Domestic Violencecase is not maintainable, as Section 29 of the protection of womenfrom Domestic Violence Act, 2005 alrords an efficacious remedy by wayof an appeal against the act of the court below in taking cognizanceald numbering the D.V.C.

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

'2ols [(2i|ALD (cRL.) ]764

II

w

TMD,J

Crl.P. No.12908 OF [2023]

5. However, in view of the request made by the learned [counsel for]the petitioners/respondents, the appearalce of the [petitioners/]respondent Nos.2 to 6 in D.V.C.No.7 of 2023 [pending ][on ][the ][frle of ][the]Judicial Magistrate of First Class at Korutla, [Jagtial District, ][is]dispensed with, except on the dates whenever [their ][presence ][is]required by the trial Court, and they shall be [represented ][by ][their]counsel.

6. Accordingly, the Criminal Petition is disposed [of.]

Miscellaleous applications, if any [pending, ]shall [also ][stand]

closed.

SD/- P. PADMANABHA REDDYASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1. The Judicial Magistrate of First Class, at Korutla, Jagtial District.

2. The Station House Officer, Medipalli Police Station, Jagtial District.

3. Two CCs to Public Prosecutor, High Court for the State of Telangana atHyderabad. (OUT)Hyderabad. (OUT)4. One CC to SRl. V.V RAMANA RAO, Advocate [OPUC]

5. Two CD Copies

DLMY\-

,/

HIGH COURT

DATED:2911212023

ORDER

CRLP.No.12908 of 2023

CRIMINAL PETITION IS DISPOSED OF

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