THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION NO. 7808 OF 2010. O R D E R : This Criminal Petition filed under section 482 of Cr.P.C., seeking to quash the proceedings in DVC.No. 2 of 2009 on the file of the Court of Judicial Magistrate of First Class, Manuguru, Khammam district, by declaring it as illegal, unsustainable, void and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The petitioner approached this Court against the order dated 18-12-2009 passed in DVC.No. 2 of 2009 by the learned Judicial Magistrate of First Class, Manuguru, Khammam district. This Court is of the view that against the order passed by the learned Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005 (for brevity ‘the Act’) an appeal will lie under section 29 of the said Act. Section 29 of the Protection of Women from Domestic Violence Act, 2005 reads as hereunder: 29. Appeal :- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case m`ay be, whichever is later. The learned counsel for the petitioner submitted that since the petitioner approached this Court he could not file an appeal within the time limit of thirty days. Hence, there will be a problem to file an appeal before the Court of Session. This Court is of the view that since the petitioner has choosen a wrong forum, the delay in filing the appeal can be condoned. Accordingly, the petitioner is directed to prefer the appeal before the Court of Session by invoking the provisions of Section 29 of the Protection of Women from Domestic Violence Act, 2005. If any such appeal is filed, the learned Sessions Judge is directed to condone the delay in view of the fact that the petitioner approached the wrong forum. With the above observation, this Criminal Petition is disposed of. _______________________ JUSTICE RAJA ELANGO. 17-08-2010 I s L THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No. 7808 OF 2010 17-08-2010 I s L