Himakuntala Vijaya Lakshmi v. K. Kavya Panini

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7024 OF 2014 ORDER:

This Criminal Petition is filed by the petitioners/accused under Section 482 Cr.P.C seeking to quash the proceedings in D.V.C.No.180 of 2013 on the file of III Metropolitan Magistrate, Hyderabad.

Heard the learned counsel for the petitioners and the learned Public Prosecutor (Telangana) for the State.

As there is efficacious alternative permission under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is available including to maintain appeal against taking of cognizance and numbering of the petition from the wording 'any order' as the petitioner bonafide prosecuted herein instead of filing the appeal, by condoning the delay for filing appeal as per Section 14 of the Limitation Act by virtue of this order without insisting of limitation, the learned Magistrate shall entertain such appeal, if files within thirty

(30) days from today. Meanwhile, the proceedings in D.V.C.No.180 of 2013 on the file of III Metropolitan Magistrate, Hyderabad are suspended. If no appeal is filed within thirty days from today, the suspension shall not be extended.

Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 22-06-2015 pab