Amit Rao Saheb Patil v. The State Of Telangana

THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.2559 OF 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners seeking to quash the proceedings in D.V.C.No.6 of 2018 on the file of the III Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Cyberabad at Kukatpally, Rangareddy District.

2.

Heard. Perused the record.

3.

In the light of the judgment in GADDAMEEDI NAGAMANI v. 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. 4.

However, it is open to the petitioners to avail the appellate remedy in accordance with the due procedure. Needless to state, the petitioners would be at liberty to file applications, as set out in para 21 of Gaddameedi Nagamani's case before the appellate Court. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

__________________ JUSTICE G. SRI DEVI 12.06.2019 ssp 1 2015(2) ALD (CRL.) 764