Kudipudi Ramakrishna And 2 Others v. The State Of Telangana And Another

THE HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5529 of 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/respondents 1 to 3 seeking to quash the proceedings in D.V.C.No.28 of 2019 on the file of III Additional Judicial Magistrate of First Class, Kothagudem.

2.

Heard the learned counsel for the petitioners/respondent Nos.1 to 3, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

It is pertinent to state that in view of the decision rendered by this Court in Gaddameedi Nagamani v. State of Telangana & Others1, the order taking cognizance by the learned Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short, 'the Act'), is appealable under Section 29 of the Act. When there is an efficacious remedy available, no petition under Section 482 Cr.P.C. can be maintained before this Court. Under these circumstances, the petitioners are given liberty to file an appeal before the Court of Session, as contemplated under law.

4.

With the above observation, the Criminal Petition is disposed of leaving it open to the petitioners to avail the appellate remedy in accordance with the due procedure.

1 2015 (2) ALD (Crl.) 764 (A.P.)

Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed.

______________________ JUSTICE G. SRI DEVI SEPTEMBER 09, 2019 YVL

THE HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5529 of 2019 Date:09.09.2019 YVL