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High Court for State of TelanganaCRLP/5001/2017dismissed

P.Ajay Babu, Karnataka And 2 Others v. The State Of Ts., Rep. By P.P. And Another

2019-04-18Sanjay Kumar1 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR CRIMINAL PETITION Nos.11558, 12631, 12774, 13248 of 2013 14650, 14730 of 2014, 5001, 7081, 11195, 11351, 11440 and 11775 of 2017 COMMON ORDER:

Petitioners in all these cases are aggrieved by either the registration of cases against them under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Act, 2005), or the orders passed therein. They seek quashing of the proceedings in the cases or of the orders passed therein, as the case may be.

2. In the light of the judgment in Gaddameedi Nagamani Vs. State of Telangana1, these quash petitions are not maintainable as Section 29 of the Act, 2005 affords an efficacious remedy by way of an appeal against the act of the Court below in either taking cognizance and numbering the D.V.Cs. or passing orders therein.

3. The Criminal Petitions are accordingly dismissed leaving it open to the petitioners to avail the appellate remedy as per the due procedure. Needless to state, in such cases as it would be applicable, the petitioners would be at liberty to file applications, as set out in para 21 of Gaddameedi Nagamani (supra), before the appellate Court.

Pending I.As. in these petitions, if any, shall stand closed in the light of this final order.

____________________ SANJAY KUMAR, J 18th April, 2019 sur 1 2015 (2) ALD (Crl.) 764