K. Lingam v. K. Varalaxmi

HON'BLE Dr. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.439 of 2016 ORDER :

This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C seeking to quash the proceedings in D.V.C. No.44 of 2014 on the file of the XI Metropolitan Magistrate, Cyberabad, Ranga Reddy District at L.B.Nagar.

2) Heard the learned counsel for petitioner and the learned Public Prosecutor for the State and perused the material on record. 3) As observed by this Court in Gaddameedi Nagamani V. The St at e of Telangana rep. by Public Prosecut or (Crl.P (SR) Nos.22371 of 2015 and batch), the application to quash the D.V.C. proceedings is not sustainable from the efficacious appeal remedy is available under Section 29 of the Domestic Violence Act.

4) Accordingly, the Criminal Petition is disposed of, by granting one week time from the date of receipt of copy of this order to the petitioner to file an appeal before the Sessions Judge and the appellate Court can entertain the appeal without insisting the limitation period by invoking Section 14 of the Limitation Act.

5) Miscellaneous petitions pending, if any, in the Criminal Petition shall stand closed.

____________________________ Dr. B. SIVA SANKARA RAO, J Date: 08.08.2017 pab