Victoriya Mercy v. The State Of Telangana

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION No.6643 OF 2019 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/respondent No.6 seeking to quash the proceedings against her in D.V.C.No.21 of 2019 on the file of Additional Judicial Magistrate of First Class, Karimnagar District.

2.

Heard. 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 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 disposed of leaving it open to the petitioner to avail the appellate remedy in accordance with the due procedure.

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

______________________ JUSTICE G SRI DEVI 22nd October, 2019 YVL 1 2015 (2) ALD (Crl.) 764 (A.P.)

THE HONOURABLE JUSTICE G SRI DEVI CRIMINAL PETITION No.6643 OF 2019 Date:22.10.2019 YVL