Matha Srinivas v. The State Of Telangana

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.6992 OF 2017 ORDER:

Heard learned counsel for the petitioners, who are no other than respondents in D.V.C.No.23 of 2017 on the file of the IX Metropolitan Magistrate, Kukatpally at Miyapur, outcome of the complaint by the 2nd respondent and the report of the Protection Officer.

In fact, as laid down by this Court in Gaddameedi Nagamani V. The St at e of Telangana rep. by Public Prosecut or (Crl.P (SR) Nos.22371 of 2015 and batch), there is an efficacious appeal remedy under Section 29 of the Domestic Violence Act, to impugn the cognizance. Hence, there is nothing to interfere. There is no such direction is required in the case on hand to avail appeal remedy, because, the case is already a part-heard one, but for, directing the trial Court to dispose of the said D.V.C. on merits, preferably within two months from the date of receipt of copy of this order. The petitioners are at liberty to file an application for one to represent others under Section 37 of Criminal Rules of Practice, it is for the learned Magistrate to consider and permit. Accordingly, the Criminal Petition is disposed of. Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 09-08-2017 pab