Golla Gattanna And 6 Others v. Smt. Golla Anjamma And Another

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.5720 of 2019 ORDER :

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.2 of 2019 on the file of Judicial Magistrate of First Class, Atmakur.

2. Heard and perused the record.

3. 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.

4. Therefore, Criminal Petition is accordingly dismissed, leaving it open to the petitioners to avail appellate remedy in accordance with the due procedure. Needless to state, the petitioners 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 DATED: 12.09.2019 Hsd 1 2015(2) ALD (CRL.) 764

GSD, J Crl.P.No.3091 of 2019