High Court · 2025

Rep.by the Public Prosecutor, High Court of Zahid, D/o Shaik Gorrekunta cross, lsmail. Age 30 years, Occ. Labour Colony, Warangal- ...RESPONDENTS/DEFACTO - COMPLAINANT Petition under section 52g of BNSS, praying that rn the circumstances stated rn the Memorandum of Grounds of criminar petition the High court may be pleased to quash the proceedings in respect of the petitioners herein rn DVC No.7 ot 2024 on the fire of the court of the lll Additional Judicial tvlagistrate of First Class, Warangal. l.A. NO: 2 OF 2025 Petition under section 52g of BNSS, praying that i1 the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to grant stay all further proceedings in DVC No.7 of 2024 on the file of the court of the ilr Additionar Judiciar Magistrate of First crass, warangar insofar as the petitioners herein are concerned. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Mrs. KANUMURI KALYANT, Advocate for the petitioners and Mr JITHENDER RAo VEERAMALLA, Additionar pubric prosecutor (rG) on beharf of the Respondent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 3965 0F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya NagarikSurakshaSanhita,2023,seekingquashmentofproceedings against the petitioners in DVC No.1 5 of 2024, on the file of the I Additional Judicial Magistrate of First Class, Warangal'

2. The petitioners are arrayed as respondent Nos 2 to 5, 9, 7, 10' 12 and 13 in the Domestic Violence case filed under Section 't2 0f Domestic Violence Act, 2005.

3. Heard Mr.J.Prabhakar, learned Senior Counsel, on behalf of Ms.K.Kalyani, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the I \ respondent No.1-State

4. Learned senior counsel for the petitioners would submit that though the petitioners got a strong case even for quashment, as they are determined to see the process through, the insistence for their presence is causing severe difficulty in pursuing their avocations. Therefore, prayed for dispensing the personal appearance of the petitioners in the proceedings, unless presence in-person is required and such direction would redress their grievance. 2 lC N o.)96t aJ 2O25 .xl

5. Learned Additional Public Prosecutor reported no specific objection for the prayer, however, pleaded for a direction for appearance of the petitioners on the material stages of the proceedings

6. Having considered the hardship pleaded by the petitioners and the fact that the proceedings under the Protection of Wornen from Domestic Violence Act are essentially civil in nature, the personal presence of the petitioners is dispensed with in the proceedings before the trial Court in DVC No.'l 5 of 2024 subject to the petitioners' appearance through their counsel on all the dates of adjournment and their personal appearance as and when directed by the trial Court.

7. With the above direction, the Criminal Petition is clisoosed of Pending miscellaneous applications, if any, shall stand closed. SD/- AHMED ABDULLA KHAN ASSISTANT REGISTRAR //TRUE COPY// I o \ { SECTION OFFICER --'' To,

1. The lllrd - Additionar Judiciar First crass Magistrate at \rvarangar. 2. The station House officer, wps-2, Subedari porice station warangar Dist 3. Two CCs to the Public prosecutor, High Court At Hyderabad. (OUT) 4. One CC to Mrs. KANUMURI KALYAN|, Advocate [Opt_JCl 5. Two CD Copies w RC/PSL HIGH COURT DATED: 2110312025 ORDER CRLP.No.3965 of 2025 \. ,,,'r:\ OB liEF 26 ,: ,\ 1., ,,n r/ .-/ t The Criminal Petition is Disposed off. 1 ./ lT ?> Cs I I I I i I I i I I i i I I I I l l