Moosiboyina Veeranjaneyulu And 6 Others v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE FIFTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 10078 OF 2022 Between:

1. Moosiboyina Veeranjaneyulu, S/o.M.Venkateshwar Rao Aged about 43 years, Occ - Software Engineer

2. Moosiboyina Venkateshwar Rao, S/o. Aged about 65 years, Occ - Agriculture

3. Moosiboyina Samrajyam, Wo-M.Venkateshwar Rao Aged about 60 years, Occ - Housewife

4. Moosiboyina Shiva Nagaraj, S/o.M.Venkateshwar Rao Aged about 36 years, Occ - Business

5. Moosiboyina Rama Tulasi, Wo.M.Shiva Nagaraj Aged about 34 years, Occ - Govt. Employee - (All- aie-FVo.Fl.No.4-109, Punadi Padu Village, Kankipadu Mandal, Kriihna District, A.P.)

6. Maganti Veeraraju, S/o.M.Nageshwar Rao Aged about 50 years, Occ - Agriculture Rl/o. Gudur Village and Mandal Near Machilipatnam, Krishan District, A.P.

7. Leelavathi, Wo.M.Veeraraju, Aged about 45 years, Occ - Housewife Ri/o.Gudur Village and Mandal Near Machilipatnam, Krishan District, A.P.

...Petitioners

AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Judicature At Hyderabad2. Smt.Veerla Phanipriya, D/o.V.Nageshwar Rao Wo.Moosiboyina Veeranjaneyulu Aged about 35 years, Occ - Housewife

3. Tinesh, S/o.M.Veeranjaneyulu Aged about 7 years, Occ - Student

4. Vijayasree, D/o.M.Veeran.janeyulu Aged about 6 years, Occ - Student (Resp-No.3 and 4 being minors they are under the guardian ship of her natural mother i.e., Respondent M.2)

Resp.No.2 to 4 are Rl/o.H.No.4-4-159, Vikarabad Municipality and District, Telangana State)

...Respondents/Complainants

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 quash the proceedings against the petitioners in D.V.C.No.12 of 2022, on the file of Hon'ble Judicial First Class Magistrate, Vikarabad District. l.A.NO:2OF 2022 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 in D.V.C.No.12 of 2022, on lhe file of Hon'ble Judicial First Class Magistrate, Vikarabad District, pending disposal of the above criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri TERA RAJINIKANTH REDDY, Advocate for the Petitioner and of the Assistant Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 to 4 The Court made the fo_llowing1 ORDER

THE HON,BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.1OO78 OF 2022 ORDER:- 1.

Heard the submission of the learned counsel for the petitioners. Respondent No.1 is a formal party. In the light of the limited request made, issuance of notice to Respondent No.2 is felt not necessary.

2.

Seeking the Court to quash the proceedings that are pending against the petitioners who are arrayed AS respondent Nos.1 to 7 in D.V.C.No.12 of 2022, on the file of the Court of Judicial Magistrate of First Class, Vikarabad, the present Criminal Petition is filed.

3.

Learned counsel for the petitioners submits that the petitioners were not at fault and respondent No.2 foisted a false case against the petitioners. Learned counsel also submits that despite hectic efforts to protect the matrimonial relationship, respondent No.2 did not hear the words of the elders and foisted a false case. l,earned counsel a-lso submits that respondent No.2 also filed a maintenarce case and the same is pending. lcarned counsel further submits that the petitioners are travelling more than 3O0 KMs from their native State i.e., Andhra

Ot.CSL) Crlp.No.70078_2022 Pradesh to attend the Court for each and every adjournment, therefore, no further orders in this Criminal Petition a-re required except to dispense with their attendance.

4. This Court has clearly indicated in its order in Criminal Petition No.5840 of 2022, dated 07.07.2022 that the proceedings that are undertaken under the Protection of Women from Domestic Violence Act, 2005, by the Courts of Judicial Magistrate of First Class for granting various kinds of reliefs as enshrined under Sections 18 to 22 of the said Act are more civil in nature and therefore, the personal appearance of the respondents therein for each and every adjournment, in case they are represented by their counsel, is not required. Exhibiting the same view, this Criminal Petition is disposed of with the following directions:- (i) The Court of Judicial Magistrate of First Class, Vikarabad District, is directed not to insist upon personal appearance of the petitioners/Respondent Nos. 1 to 7 during the course of proceedings in D.V.C.No. 12 of 2022 that is pending on the file of the said Court, in case they are represented by an Advocate.

( ,r,O-nt.r**-?#, (ii) However, the above direction does not debar the Court from ordering the personal appearance of the respondents therein, who are the petitioners herein, in case their appearance is felt necessar5r. Also, this exemption does not apply if the proceedings are commenced under Section 31 of the Protection of Women from Domestic Violence Act, 2005.

5.

As a sequel thereto, pending miscellaneous applications, if any, shall stand closed.

Sd/- G SIREESHA ASSISTANT /ffRUE COPY// \ SECTION OFFICER To, /

1. The Judicial I Class Magistrate' Vikarabad District'

2. Two CCs to the Public Prosecutor for the state of Telangana at Hyderabad (our)

3. One CC to SRl. TERA RAJINIKANTH REDDY Advocate [OPUC]

4. Two CD Copies I pr Bsh

HIGH COURT DT.CSLJ DATED:1 511112022 1 i4E S TA rA- ;\ j.

St FtS ?fd ;')

ORDER

Q K- -\ CRLP.No.10078 of 2022 i'

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DISPOSINC OF THE CzuMINAL PETITION -{ Gru) *YJ,l"=.