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High Court for State of TelanganaCRLP/1884/2025disposed of no costs

Kandukuri Revathi, v. The State Of Telangana,

2025-02-11Juvvadi Sridevi5 pages

132571

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION NO: 1884 OF 2025 Between:

1. Kandukuri Revathi, Wo Raghu lvlohan Vamshi, Aged about 40 years, Occ. Private Teacher, Rl/o Flat No.802, Block- B, SMR Vinoy Harmony County, Bandlaguda, Kismatpur Road, Abhyudaya Nagar, Rajendra Nagai Manddl, Hyderabad.

2. Kandukuri Raghu Mohan Vamshi, S/o Pichaiah, Aged about 45 years, Occ. Private Employee, Rl/o Flat No.B02, Block- B, SMR Vinoy Harmdny County, Bandlaguda, Kismatpur Road, Abhyudaya Nagar, Rajendra Nagai Manddl, Hyderabad.

...Petitioner/Accused No.3 & 4

AND The State of Telangana, Rep. by its Public Prosecutor High court buildings, High court, Hyderabad.

...Respondent

Swapna Sree Sriramoji, W/o Chandrakanth, D/o. Gangadhar Sriramoji, Aged about 36 years, Occu. Private Employee, No 2-6-284, Jaipuri Colony, Nagole, Rangareddy District.

... RespondenUDe-facto Gomplainant Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records and after examining the same to quash the DVC. No 26 of 2024 on the file of I Additional Junior civil judge -cum- | Additional Judicial Magistrate of First Class Ranga Reddy at LB Nagar, against the petitioners herein to prevent abuse of process of Law and securing ends of justice. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS Act, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings the DVC. No 26 ol 2024 on the file of IAdditional Junior civil judge -cum- lAdditional Judicial Magistrate of First Class Ranga Reddy at LB Nagar, including the appearance of the petitioners l :tr

efore the I Additional Junior Civil Judge -cum- lAdditional Judicial Magistrate of First Class Rangareddy, pending disposal of the Criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Shashank Garige, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared forthe Respondent No.2. The Court made the following: ORDER

i HON'BLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.1884 of 2025 .

ORDER.

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023(for short 'BNSS') by the petitioners/respondent Nos.3 and 4 to quash the proceedings against them in D.V.C.No.26 of 2024 pending on the file of I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First Class' Ranga Reddy at L.B.Nagar.

2.

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

3.

ln the light of the judgmentin Gaddameedi Nagamani v' State I T of Telanganal a petition to quash the proceedings in Domestic ViolenceCaseisnotmaintainable,asSection2goftheProtectionof WomenfromDomesticViolenceAct,2005affordsanefficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C.

4.

ln view of the above, the petitioners are at liberty to avail the said alternative remedY.

'20is (2) ALD (cRL.) 764

5.

However, in view of the request made by the learned counsel for the petitioners, the appearance of the petitioner Nos.1 and 2/respondent Nos.3 and 4 in D.V.C.No .26 of 2024pending on the file of I Additional Junior Civit Judge_cum_l Additional Judicial Magistrate of First Class, Ranga Reddy at L.B.Nagar, 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 rn case of default, this order gets vacated automatically o Accordingly, the Criminal petition is disposed of Miscellaneous applications, if any pending, shall also stand closed -> sD/- L LAKSHMI BAqU, ASSISTANT REGISTRAR.

//TRUE COPY'

SECTION OFFICER To,

1. The I Additional Junior civil judge -cum- I Additional Judicial Magistrate of First Class Ranga Reddy at LB Nagar

2. Two CCs to the Pubtic Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

3. One CC to Sri Shashank Garige, Advocate [OPUC]

4. Two CD Copies ADK @;

HIGH COURT DATED:1110212025 ,;1-iE S ,-4 r<:

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ORDER

l CRLP.No.1884 of 2025 DISPOSING OF THE CRLP \