Rachamalla Kavitha vs The State Of Telangana And Another
2021 Latest Caselaw 3630 Tel

                 THE HONOURABLE JUSTICE G. SRI DEVI

                    CRIMINAL PETITION No.8568 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by petitioner/respondent No.4

seeking to quash the proceedings in D.V.C.No.12 of 2019 on the file

of Judicial First Class Magistrate, Husnabad, against her.

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 petitioner to avail the appellate

remedy in accordance with due procedure. It is needless to state

that the petitioner is 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

petitioner, the appearance of petitioner/respondent No.4 in

D.V.C.No.12 of 2019 on the file of Judicial First Class Magistrate,

Husnabad, is dispensed with, except on the dates whenever her

2015(2) ALD (CRL.) 764

GSD, J Crl.P.No.8568 of 2021

presence is required by the trial Court and she shall be represented

by her 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 19th November, 2021.

sj