Mohammad Abdul Subhan vs The State Of Telangana

Citation : 2021 Latest Caselaw 3482 Tel
Judgement Date : 15 November, 2021

Telangana High Court
Mohammad Abdul Subhan vs The State Of Telangana on 15 November, 2021
Bench: G Sri Devi
                    HONOURABLE JUSTICE G. SRI DEVI

                    CRIMINAL PETITION NO.8281 OF 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner seeking to quash the proceedings in D.V.C.No.54 of 2016 on the file of the IV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad.

Heard. 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 petitioner to avail the appellate remedy in accordance with the due procedure. Needless to state, the petitioner would be at liberty to file applications, as set out in para 21 of Gaddameedi Nagamani's case before the appellate Court.

Miscellaneous applications, if any, pending shall stand dismissed.

_________________ (G. SRI DEVI, J) 15th November 2021 RRB 1 2015(2) ALD (CRL.) 764