Dakuri Purushotham Reddy And 4 ... vs The State Of Telangana And Another
2021 Latest Caselaw 2405 Tel

               THE HONOURABLE JUSTICE G. SRI DEVI

                  CRIMINAL PETITION No.6322 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by petitioners/respondent Nos.1 to

5 to quash the proceedings in D.V.C.No.63 of 2021 on the file of the

IV Additional Junior Civil Judge-cum-XII Additional Metropolitan

Magistrate, Cyberabad at Kukatpally, against them.

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.

2015(2) ALD (CRL.) 764

5. In view of the request made by the learned counsel for

petitioners, the appearance of petitioner No.2 to 5/respondents 2 to 5

in D.V.C.No.63 of 2021 on the file of the IV Additional Junior Civil

Judge-cum-XII Additional Metropolitan Magistrate, Cyberabad at

Kukatpally, is dispensed with, except on the dates 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 17th August, 2021

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