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High Court for State of TelanganaCRLP/1027/2015disposed of no costs

Khaja Nazimuddin, Hyd And ANR., v. State Of Telangana, Rep Pp And 3 Otrs.,

2018-02-21Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO. 1027 OF 2015 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitionersrespondents to quash the order dated 11.12.2014 in Crl.M.P. No.974 of 2014 in D.V.C. No.164 of 2012 on the file of the III Metropolitan Magistrate, Hyderabad.

2.

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

3.

If the petitioners-respondents are aggrieved by the interim order of the learned Magistrate, they has to agitate their grievance before the Court of Session under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (DV Act). When there is specific provision which would take care of the grievance of the petitioners-respondents, inherent powers under Section 482 Cr.P.C. cannot be invoked. Hence, the Criminal Petition is not maintainable against the impugned order.

4.

The Criminal Petition is, accordingly, dismissed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

____________________________ DR. SHAMEEM AKTHER, J 21.02.2018 DRK

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.1027 OF 2015 DRK 21.02.2018