Citation : 2021 Latest Caselaw 2454 Tel
Judgement Date : 23 August, 2021
THE HONOURABLE JUSTICE G. SRI DEVI
CRIMINAL PETITION No.6521 of 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of
Criminal Procedure, 1973, is filed by petitioners/respondent Nos.2 to
5 to quash the proceedings in D.V.C.No.17 of 2021 on the file of the
Judicial Magistrate of First Class, Wanaparthy, 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.
5. In view of the request made by the learned counsel for
petitioners, the appearance of petitioners/respondents 2 to 5 in
D.V.C.No.17 of 2021 on the file of the Judicial Magistrate of I Class,
Wanaparthy, is dispensed with, except on the dates whenever their
2015(2) ALD (CRL.) 764
GSD, J Crl.P.No.6521 of 2021
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 23rd August, 2021
sj
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