Shaik Gouse Pasha vs The State Of Telangana And Another
2021 Latest Caselaw 3679 Tel

                 THE HONOURABLE JUSTICE G. SRI DEVI

                    CRIMINAL PETITION No.8599 of 2021

ORDER:

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by petitioner/respondent seeking

to quash the proceedings in D.V.C.No.21 of 2020 on the file of

Judicial Magistrate of First Class, Kodad, 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 in D.V.C.No.21 of

2020 on the file of Judicial Magistrate of First Class, Kodad, is

dispensed with, except on the dates whenever his presence is

2015(2) ALD (CRL.) 764

GSD, J Crl.P.No.8599 of 2021

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