P.Venkat Reddy And 2 Others v. State Of Telangana And Another

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No. 1565 OF 2018 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners to quash the proceedings in D.V.C.No. 24 of 2017 on the file of the Court of X Metropolitan Magistrate at Malkajgiri.

2.

Heard learned counsel for the petitioners and learned Assistant Public Prosecutor representing the 1st respondent-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 (for short, 'the Act'), is an appealable order 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.

4.

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

_______________________ Dr. SHAMEEM AKTHER, J.

12th February, 2018 JSK 1 2015 (2) ALD (Crl.) 764 (A.P.)