M.Balachander, v. The State Of Telangana,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.9402 OF 2017 ORDER:

Heard learned counsel for the petitioner, who is no other than respondent in D.V.C.No.91 of 2017 on the file of the IV Metropolitan Magistrate, Erramanzil, Hyderabad, which is an outcome of the complaint of the 3rd respondent and learned Public Prosecutor representing the State.

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 entertain the quash petition, but for, giving liberty to file appeal if at all within one week from date of receipt of copy of this order before the Court of Sessions and in such an event the learned Sessions Judge shall entertain the appeal without regard to period of limitation for appeal. The petitioner is at liberty to file an application under Section 205 Cr.P.C. to represent through special vakalat holder and the learned Magistrate after hearing to consider and permit with necessary conditions.

Accordingly, the Criminal Petition is disposed of. The Registry is directed to return the original papers on proper acknowledgement to the learned counsel for the petitioner.

Miscellaneous petitions pending if any, shall stand closed. _________________________ Dr. B. SIVA SANKARA RAO, J Date: 09-10-2017 pab