Mandala Siva Shanker Reddy And ... vs State Of Telangana And 2 Others

Citation : 2021 Latest Caselaw 2480 Tel
Judgement Date : 25 August, 2021

Telangana High Court
Mandala Siva Shanker Reddy And ... vs State Of Telangana And 2 Others on 25 August, 2021
Bench: G Sri Devi
                 THE HONOURABLE JUSTICE G. SRI DEVI

                    CRIMINAL PETITION No.6736 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by petitioners/respondent Nos.2 and 3 to quash the proceedings in D.V.C.No.44 of 2020 on the file of the Metropolitan Magistrate, Cyberabad, at Kukatpally.

2. Heard both sides and perused the record.

3. In the light of the judgment of this Court 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 of appeal against the act of the Court below in taking cognizance and numbering the D.V.C.

4. However, it is open to the petitioners to avail the appellate remedy in accordance with due procedure. It is needless to state that the petitioners are at liberty to file applications as set out in paragraph No.21 of Gaddameedi Nagamani's case, referred supra, before the appellate Court.

5. In view of the request made by the learned counsel for petitioners, the appearance of petitioners/respondents 2 and 3 in D.V.C.No.44 of 2020 on the file of the Metropolitan Magistrate, Cyberabad, at Kukatpally, is dispensed with, except on the dates 1 2015(2) ALD (CRL.) 764 2 GSD, J Crl.P.No.6736 of 2021 whenever their presence is required by the trial Court and they shall be represented by their counsel.

6. Accordingly, the Criminal Petition is disposed of.

7. Miscellaneous Petitions, if any pending in this criminal petition, shall stand closed.

__________________ JUSTICE G. SRI DEVI 25th August, 2021 ksm 2 3 GSD, J Crl.P.No.6736 of 2021 THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.6736 of 2021 25th August, 2021 ksm 3