N.Sanjeva Rao v. N.Rama Devi , Ch.Rama Devi

THE HON'BLE JUSTICE G.SRI DEVI Criminal Petition No.3277 of 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/respondent, seeking to quash the proceedings in D.V.C.No.145 of 2018 on the file of the III Additional Junior Civil Judge-cum-XI Additional Metropolitan Magistrate, Prashanth Nagar at Kukatpally.

2. Heard both sides and perused the record.

3. In the light of the judgment of this Court in Gaddameedi Nagamani Vs. 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. Therefore, the Criminal Petition is disposed of granting liberty to the petitioner to avail the appellate remedy as per the due procedure.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

_____________________ JUSTICE G.SRI DEVI 26th June, 2019 sur 1 2015 (2) ALD (Crl.) 764