Suresh Kumar Sahu v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CRI MI NAL PETI TI ON No.1 6 0 9 of 2 0 1 9 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner to quash the proceedings in D.V.C.No.18 of 2018 on the file of the Judicial Magistrate of First Class at Bhadrachalam.

2.

Heard both sides. Perused the record.

3.

In view of the decision rendered by this Court in Gaddam eedi Nagam an i Vs. St at e of Telan gan a & Ot h er s1 the order of taking cognizance by the Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005, is appealable under Section 29 of the Protection of Women from Domestic Violence Act, 2005. Under these circumstances, the petitioner is given liberty to file an appeal before the Court of Session, as contemplated under law.

4.

Further, in view of the decision in Gidu t h u r i Kesar i Ku m ar an d ot h er s Vs. St at e of Telan gan a an d ot h er s2, the remedies available to the victim under the Protection of Women from Domestic Violence Act, 2005, are civil in nature. Therefore, it is not appropriate to insist the personal appearance of the petitioner before the Court below, except on the dates when his personal appearance is essential. Further, the Court below is directed to follow the guidelines formulated by this Court in Gidu t h u r i Kesar i Ku m ar 's case (2 supra).

1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (AP)

5.

With the above observations/ directions, the Criminal Petition is disposed of.

Pending miscellaneous petitions, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J Date: 29.03.2019 ssp