Abdul Jabbar v. The State Of Telangana And Another

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.11643 of 2016 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.50 of 2016 on the file of the Additional Judicial Magistrate of First Class, Karimnagar, and F.C.M.C. No.2 of 2016 on the file of the Family Court, Karimnagar, Karimnagar District. 2.

Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor representing the respondent-State and perused the record.

3.

In view of the decision rendered by this Court in Gaddameedi Nagamani v. State of Telangana & others1, the order of taking cognizance by the Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005, is an appealable order under Section 29 of the Domestic Violence Act, 2005. Under these circumstances, the petitioner herein is given liberty to file an appeal before the Court of Session, as contemplated under law. 4.

With the above observation, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_______________________ Dr. SHAMEEM AKTHER, J 27th February, 2018 siva 1 2015 (2) ALD (Crl.) 764 (A.P.)