Rajesh v. Smt Asha And 4 Others

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.1669 of 2014 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner to quash the proceedings in D.V.C.No.26 of 2013 on the file of the XI Metropolitan Magistrate, Ranga Reddy District at L.B.Nagar.

2.

Heard the learned counsel for the petitioner, learned Assistant Public Prosecutor representing the 2nd respondent-State and perused the record.

3.

In view of the decision rendered by this Court in Gaddameedi Nagamani v. State of Telangana & others1, the order of taking cognizance by the Magistrate under the provisions of the Domestic Violence Act, 2005, is an appealable order under Section 29 of the Domestic Violence Act, 2005. Under these circumstances, the petitioner is given liberty to file an appeal before the Court of Session, as contemplated under law.

4.

With the above observation, the Criminal Petition is dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

_______________________ Dr. SHAMEEM AKTHER, J 7th February, 2018 siva 1 2015 (2) ALD (Crl.) 764 (A.P.)