Telangana High Court
Kavuri Sivayamma, Guntur Dt Anr., vs K.Samatha, Khammam Dt Anr, Rep Pp., on 1 May, 2019
Author: Sanjay Kumar
Bench: Sanjay Kumar
THE HONOURABLE SRI JUSTICE SANJAY KUMAR
CRIMINAL PETITION No.1276 of 2015
ORDER:
The petitioners are aggrieved by the registration of D.V.C.No.17 of 2014 on the file of the learned I Additional Judicial Magistrate of Fist Class, Khammam. 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 2015 (Crl.M.P.No.1378 of 2015) shall stand dismissed.
____________________ JUSTICE SANJAY KUMAR Date:01.05.2019 PGS 1 2015 (2) ALD (CRL.) 764