Penikalapati Udaya Bhaskar v. The State Of Andhra Pradesh,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO CRIMINAL PETITION No.472 of 2017 ORDER:

This Criminal Petition is filed by the petitioners/ respondents in DVC No.12 of 2016, under Section 482 Cr.P.C seeking to quash the proceedings in the above D.V.C. on the file of the III Addl.Munsif Magistrate, Ongole.

Heard the learned counsel for petitioners and the learned Public Prosecutor for the State and perused the material on record.

As observed by this Court in Gaddameedi Nagamani Vs. State of Telangana & Others1, the application to quash the D.V.C. proceedings is not sustainable from the efficacious appeal remedy is available under Section 29 of the Domestic Violence Act.

In view of the above, the Criminal Petition is disposed of with liberty to the petitioners to file an application for one to represent others under Section 37 of Criminal Rules of Practice, it is for the learned Magistrate to consider and permit. Needless to say, as the petitioner instead of filing an appeal before the Sessions Judge, approached this Court, the appellate Court can entertain the appeal without insisting the limitation period by invoking Section 14 of the Limitation Act. The petitioners to file appeal within one week from the date of receipt of the order. Consequently, miscellaneous petitions, if any shall stand closed. _____________________________________ Dr.JUSTICE B.SIVA SANKARA RAO Date: 04.08.2017 vvr 1 2015 (2) ALD (Crl.) 764