Kanupuri Venkata Krishna Subbaraya Sharma, v. The State Of Andhra Pradesh,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.6494 of 2017 ORDER:

Impugning the taking cognizance of D.V.C.No.2 of 2017 by the learned Judicial First Class Magistrate, Vinukonda, Guntur District, against 5 petitioners as respondent Nos.2 to 6 among 6 respondents therein, this application under Section 482 Cr.P.C. is filed.

This Court in detail dealt with the issue in Gaddameedi Nagamani Vs. State of Telangana & Others1 by referring to several provisions of the Act including several expressions of the Apex Court of taking cognizance by numbering the case itself is an order prone to appeal under Section 29 of Domestic Violence Act as an efficacious remedy.

Having regard to the above, the Criminal petition is disposed of by giving liberty to the petitioners by virtue of this order also to file appeal under Section 29 before the Court of Session within one week from the date of receipt of a copy of this order and in such event, the learned Sessions Judge shall entertain the appeal without considering the period of limitation. Consequently, miscellaneous petitions, if any shall stand closed.

_____________________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 31.07.2017 ska 1 2015 (2) ALD (Crl.) 764