Md. Sayeed Hussain, Warangal v. P.P., Hyd And Ano

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.5361 of 2016 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner to quash the order dated 18.02.2013 passed in Crl.M.P. No.362 of 2013 in D.V.C. No.93 of 2012 on the file of the Additional Judicial Magistrate of First Class, Karimnagar, Karimnagar District.

2.

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

3.

If the petitioner is aggrieved by the interim order of the learned Magistrate, he has to agitate his 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 petitioner, 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 26th February, 2018 siva