Sapisetty Satyanarayana v. C.Naga Hima Bindu

THE HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.802 of 2020 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/respondent Nos.2 to 5 seeking to quash the proceedings against them in D.V.C.No.143 of 2019 on the file of XXIV Additional Metropolitan Magistrate, Cyberabad at Kukatpally, Ranga Reddy District. 2.

Heard the learned counsel for the petitioners/respondent Nos.2 to 5, learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

In view of the decision rendered by this Court in Gaddameedi Nagamani v. State of Telangana & Others1 the order of taking cognizance by the Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act'), is an appealable order under Section 29 of the Act. Under these circumstances, the petitioners are given liberty to file an appeal before the Court of Session, as contemplated under law. 4.

Further, in view of the decision in Giduthuri Kesari Kumar and others v. State of Telangana and others2, the remedies available to the victim under the Act are civil in nature. Therefore, it is not appropriate to insist the personal appearance of the petitioners/respondent Nos.2 to 5, except on the dates when their personal appearance is required. Further, the Court below is 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (AP)

directed to follow the guidelines formulated by this Court in Giduthuri Kesari Kumar's case (referred supra). 5.

With the above observations/directions, the Criminal Petition is disposed of.

Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

______________________ JUSTICE G. SRI DEVI 10th February, 2020 YVL

THE HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.802 of 2020 Date:10.02.2020 YVL