Mohammed Fareed Ahmed v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.8 2 0 OF 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners seeking to quash the proceedings in D.V.C.No.39 of 2018 on the file of Judicial Magistrate of First Class, Vikarabad. 2 .

Heard both sides. Perused the record.

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In view of the decision rendered by this Court in Gaddam eedi Nagam an i v. St at e of Telan gan a an d ot h er s1, 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 appealable 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.

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Further, in view of the decision in Gidu t h u r i Kesar i Ku m ar an d ot h er s v. St at e of Telan gan a an d ot h er s2, 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 before the Court below, except on the dates when their personal appearance is essential. Further, the Court 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

Dr.SA,J Crl.P.No.820 of 2019 below is directed to follow the guidelines formulated by this Court in Gidu t h u r i Kesar i Ku m ar 's case (2 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.

______________________ Dr . SHAMEEM AKTHER, J March 15, 2019.

MD