P. Kishore Kumar v. Smt. Sreelatha , Latha

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.7706 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.7 of 2017 on the file of the II Metropolitan Magistrate, Cyberabad, Ranga Reddy District at L.B. Nagar.

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 dismissed, leaving it open to the petitioner to avail appellate remedy in accordance with the due procedure. Needless to state, the petitioner 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: 28.11.2019 Hsd 1 2015(2) ALD (CRL.) 764

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