Khaja Hussain, And Another vs The State Of Telangana, And ...
2021 Latest Caselaw 3513 Tel

             THE HONOURABLE JUSTICE G. SRI DEVI

                CRIMINAL PETITION No.8446 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by petitioners/respondent Nos.4

and 5 seeking to quash the proceedings in D.V.C.No.25 of 2021 on

the file of Judicial Magistrate of First Class, Mahabubnagar, 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/respondent Nos.4 and 5 in

D.V.C.No.25 of 2021 on the file of Judicial Magistrate of First Class,

Maabubnagar, is dispensed with, except on the dates whenever their

GSD, J Crl.P.No.8446 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 DEVIs 16th November, 2021.

sj

2015(2) ALD (CRL.) 764