M. Jayaram Naik, v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.7808 OF 2017 ORDER:

Heard learned counsel for the petitioners, who are no other than respondents 2 and 3 in D.V.C.No.129 of 2016 on the file of the III Metropolitan Magistrate, Hyderabad, which is an outcome of the complaint of the 2nd respondent and learned Public Prosecutor representing the State.

In fact, as laid down by this Court in Gaddameedi Nagamani V. The St at e of Telangana rep. by Public Prosecut or (Crl.P (SR) Nos.22371 of 2015 and batch), there is an efficacious appeal remedy under Section 29 of the Domestic Violence Act, to impugn the cognizance.

Hence, there is nothing to entertain the quash petition, but for, giving liberty to file appeal if at all within one week from date of receipt of copy of this order before the Court of Sessions and in such an event the learned Sessions Judge shall entertain the appeal without regard to period of limitation for appeal. The petitioners are further at liberty to file applications for one to represent others under Rule 37 of the Criminal Rules of Practice or under Section 205 Cr.P.C. to represent through special vakalat holder and the learned Magistrate after hearing to consider and permit with necessary conditions. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 18-09-2017 pab