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[Cites 3, Cited by 1]

Telangana High Court

Jarpula Radha vs Jarpula Padma on 20 March, 2020

Author: G. Sri Devi

Bench: G. Sri Devi

                      HON'BLE JUSTICE G. SRI DEVI


                 CRIMINAL PETITION No.1982 of 2020


ORDER:

This Criminal Petition is filed under Section 482 of the Code of the Criminal Procedure, 1973, seeking to quash the proceedings vide order dt.10.03.2020 in D.V.C.No.8 of 2019 passed by the Judicial First Class Magistrate, Kalwakurthy, which is now transferred to VI Additional Junior Civil Judge-cum-Vi Metropolitan Magistrate, Ranga Reddy District, in Tr.Crl.P.No.112 of 2019 on 12.03.2020.

Heard and perused the record.

In the light of the judgment in GADDAMEEDI NAGAMANI v. 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 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's case (supra) before the appellate Court.

1 2015(2) ALD (CRL.) 764 2 GSD, J Crl.P.No.1982 of 2020 As a sequel, miscellaneous petitions pending, if any, shall stand closed.

________________________ JUSTICE G. SRI DEVI 20.03.2020.

Msr 3 GSD, J Crl.P.No.1982 of 2020 HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.1982 of 2020 20.03.2020 Msr