J.Madhu Babu v. The State Of Telangana And Another

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON NO.13901 OF 2016

O R D E R

The petitioner is aggrieved by the registration of D.V.C.No.257 of 2015 on the file of the learned IV Metropolitan Magistrate, Traffic Mobile Court, Errammanzil, Hyderabad. He seeks quashing of the proceedings in the said case.

In the light of the judgment in GADDAMEEDI NAGAMANI V/ s. STATE OF TELANGANA1, this quash petition is not maintainable as Section 29 of the Protection of Women from Domestic Violence Act, 2005 affords an efficacious remedy by way of an appeal against the act of the Court below in taking cognizance and numbering the D.V.C. The criminal petition is accordingly dismissed leaving it open to the petitioner to avail the appellate remedy in accordance with the due procedure. Needless to state, the petitioner would be at liberty to file applications, as set out in para 21 of GADDAMEEDI NAGAMANI before the appellate Court. I.A.No.1 of 2016 (Crl.M.P.No.15685 of 2016) shall also stand dismissed.

_______________ SANJAY KUMAR, J 22nd APRI L, 2019 Svv 1 2015 (2) ALD (CRL.) 764