Nomula Ashwin Kumar And 4 Others v. The State Of Telangana And Another

HON'BLE Dr. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.12628 OF 2016 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners to quash the proceedings in D.V.C.No.9 of 2016 on the file of Judicial Magistrate of First Class, Kamareddy, Nizamabad District.

2.

Heard the learned counsel for the petitioners, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

3.

In view of the decision rendered by this Court in Gaddameedi Nagamani v. State of Telangana & others1 the order of taking cognizance by the Magistrate under the provisions of the Domestic Violence Act, 2005, is an appealable order Section 29 of the Domestic Violence Act, 2005. Under these circumstances, the petitioners herein are given liberty to file an appeal before the Court of Session, as contemplated under law.

4.

Further, in view of the decision in Giduthuri Kesari Kumar and others v. State of Telangana and others2, the remedies available to the victim under the Domestic Violence Act are civil in nature. Therefore, it is not appropriate to insist the personal appearance of the petitioners, except on the dates when their personal appearance is required. Further, the Court below is directed to follow the guidelines formulated by this Court in Giduthuri Kesari Kumar's case (referred supra). 1 2015 (2) ALD (Crl.) 764 (A.P.) 2 2015 (2) ALD (Crl.) 470 (A.P.)

5.

With the above directions, the Criminal Petition is disposed of. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

________________________ Dr. SHAMEEM AKTHER, J Date: 08-03-2018 siva