Maqsood Sultan Javvad, v. The State Of Telangana

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.1 1 8 4 of 2 0 1 7 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Petition, 1973, is filed by the petitioners, to quash the proceedings in D.V.C.No.76 of 2016 on the file of the Additional Judicial Magistrate of First Class at Karimnagar. 2 .

Heard the learned counsel for the petitioners, learned Public Prosecutor (Telangana) appearing for the 1st respondent-State and perused the record.

3 .

The learned counsel for the petitioners would submit that there are material irregularities in the D.V.C. application. The Court below ought not to have taken cognizance and the DVC proceedings on file. Therefore, the proceedings in D.V.C.No.76 of 2016 on the file of the Additional Judicial Magistrate of First Class at Karimnagar, are liable to be quashed.

4 .

On the other hand, the learned Public Prosecutor, relying on the decision of this Court in Gaddam eedi Nagam an i Vs. Th e St at e of Telan gan a an d ot h er s1, submitted that the appropriate remedy is available to the petitioner under Section 29 of the Domestic Violence Act, 2005, and that the proceedings under Section 482 of the Code of Criminal Procedure, 1973, are not sustainable. 5 .

It is evident from the record that the Court below had initiated proceedings in D.V.C.No.76 of 2016 against the petitioners and the same are pending before it. In Gaddam eedi Nagam an i's case 11 2015 (2) ALD (Crl.) 764 (AP)

Dr.SA, J CRL.P.No.1184 of 2017 referred supra, this Court held that taking cognizance and numbering the D.V.C. is within the meaning of the order used in Section 29 of the Domestic Violence Act, 2005, and against which once there is an efficacious remedy is available by way of appeal under Section 29 of the Domestic Violence Act, 2005, the proceedings under Section 482 of the Code of Criminal Procedure, 1973, are not sustainable. 6 .

The facts of the cited case are squarely applicable to the facts of the instant case. When an efficacious remedy is available to the petitioners under Section 29 of the Domestic Violence Act, 2005, by way of appeal before the appropriate forum, it is not appropriate to determine the contentions raised by the petitioners in this Criminal Petition, which is filed under Section 482 of the Code of Criminal Procedure, 1973.

7 .

Accordingly, this Criminal Petition is dismissed as not maintainable.

Pending miscellaneous petitions, if any, in this Criminal Petition, shall stand closed.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 23rd October, 2017 Bvv