Ch. Ravikanth v. Ch. Naga Padmaja

HON'BLE SRI JUSTICE S.V.BHATT CRIMINAL PETITION No.8279 OF 2017 ORDER:

Mr.P.S.P.Suresh Kumar submits that Criminal Petition (SR) No.31873 of 2017 is connected to the present Criminal Petition and on the office objections the Criminal Petition (SR) was rejected, on even date, as follows:

" ... as laid down by this Court in Gaddameedi Nagamani V. The State of Telangana rep. by Public Prosecutor (Crl.P (SR) Nos.22371 of 2015 and batch), there is an efficacious appeal remedy under Section 29 of the Domestic Violence Act, even against the interlocutory application order of the learned Magistrate to impugn before the Court of Sessions. Hence, the office objection holds good.

Having regard to the above, the Criminal Petition (S.R.) is rejected by granting one month time from the date of receipt of copy of this order, to file an appeal before the Court of Sessions and in such an event the learned Sessions Judge shall entertain the same without insisting on the period of limitation. The Registry is directed to return the original papers to the learned counsel for the petitioners."

He requests the Court to dispose of the present Criminal Petition as well on the same lines so that the petitioners can work out remedy of appeal before the Sessions Court. Statement is placed on record and the Criminal Petition is rejected by granting one month time from the date of receipt of copy of this order, to file an appeal before the Court of Sessions and in such an event the learned Sessions Judge shall entertain the same without insisting on the period of limitation.

The Registry is directed to return the certified copies filed in this quash petition.

___________ S.V.BHATT,J Date:18.09.2017 Stp