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High Court for State of TelanganaCRLP/1027/2018disposed of no costs

Andugula Manju Lakshmi v. State Of Telangana

2018-02-01Shameem Akther1 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.1027 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitionersrespondents 2 and 3 to quash the proceedings in D.V.C.No.39 of 2017 on the file of the XX Metropolitan Magistrate, Malkajgiri.

2.

No representation on behalf of the petitioners. Heard learned Assistant Public Prosecutor representing the State and perused the record.

3.

In view of the decision rendered by this Court in GADDAMEEDI NAGAMANI VS. STATE OF TELANGANA & OTHERS1, the order of taking cognizance by the Magistrate under the provisions of the Domestic Violence Act, 2005, is an appealable order under Section 29 of the Domestic Violence Act, 2005. Therefore, the petition is liable to be dismissed. However, the petitioners are given liberty to file an appeal before the Court of Session, as contemplated under law. 4.

With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

____________________________ DR. SHAMEEM AKTHER, J DATED: 01-02-2018 Hsd 1 2015 (2) ALD (Crl.) 764 (A.P.)