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High Court for State of TelanganaCRLP/813/2016dismissed

Sri.Sumith Radha Krishnan v. The State Of Telangana.,Rep.,Pp

2019-04-22Sanjay Kumar1 pages

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR CRI MI NAL PETI TI ON NO.813 OF 2016

O R D E R

The petitioners are aggrieved by the registration of D.V.C.No.262 of 2015 on the file of the learned IV Metropolitan Magistrate (Traffic Mobile Court), Errammanzil, Hyderabad. They seek quashing of the proceedings in the said case.

In the light of the judgment in GADDAMEEDI NAGAMANI V/ s. 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. The criminal petition is accordingly dismissed leaving it open to the petitioners to avail the appellate remedy in accordance with the due procedure. Needless to state, the petitioners would be at liberty to file applications, as set out in para 21 of GADDAMEEDI NAGAMANI before the appellate Court. I.A.No.1 of 2016 (Crl.M.P.No.785 of 2016) shall also stand dismissed.

_______________ SANJAY KUMAR, J 22nd APRI L, 2019 Svv 1 2015 (2) ALD (CRL.) 764