Bhukya Chidambar Rao vs Bhukya Preethi Tejavath Preethi
2021 Latest Caselaw 3665 Tel

              THE HONOURABLE JUSTICE G. SRI DEVI

                CRIMINAL PETITION No.8629 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by petitioner/respondent No.1

seeking to quash the proceedings in D.V.C.No.12 of 2020 on the file

of II Additional Judicial First Class Magistrate, Kothagduem, against

him.

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.1 in

D.V.C.No.12 of 2020 on the file of II Additional Judicial First Class

Magistrate, Kothagduem, is dispensed with, except on the dates

GSD, J Crl.P.No.8629 of 2021

whenever his presence is required by the trial Court and he shall be

represented by his 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 22nd November, 2021.

sj

2015(2) ALD (CRL.) 764