M.Vamshi Krishna v. Smt. Bhanu Sheetal Myana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5546 of 2019 O R D E R :

This Criminal Petition is filed under Section 482 of the Code of the Criminal Procedure, 1973, seeking to quash the proceedings in D.V.C.No.39 of 2019 on the file of XVI Metropolitan Magistrate, Rajendranagar, Ranga Reddy District.

Heard and perused the record.

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. The Criminal Petition is accordingly dismissed, leaving it open to the petitioner to avail appellate remedy in accordance with the due procedure. Needless to state, the petitioner would be at liberty to file applications, as set out in para 21 of Gaddameedi Nagamani's case (supra) before the appellate Court.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 11.09.2019.

Msr 1 2015(2) ALD (CRL.) 764

GSD, J Crl.P.No.5546 of 2019 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5546 of 2019 11.09.2019 Msr