Sirajudeen v. Jahidha Begam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM:

THE HON'BLE Mr. JUSTICE SUNDER MOHAN 1.Sirajudeen 2.S.Riyazudeen 3.R.Thilshath Begam 4.S.Noorjahan

...Petitioners

Versus

Jahidha Begam ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records relating to D.V.No.2 of 2016 on the file of the learned Judicial Magistrate No.III Pondicherry and quash the same. For Petitioners :

Mr.R.Thiagarajan For Respondent :

No Appearance

O R D E R

The petitioners have challenged the Proceedings initiated under the Domestic Violence Act under Section 482 of Cr.P.C. 2.A Larger Bench of this Court in a recent Judgment dated 17.11.2022 in Arul Daniel vs. Suganya in Crl.O.P.No.SR No.31852 of 2022 held that a petition under Section 482 Cr.P.C is not maintainable as against the proceedings under the Domestic Violence Act. In view of the said Judgment, the above petition is not maintainable. Hence, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. 3.However, it is open to the petitioners to pursue other remedies that are available to them in law.

21.11.2022 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order dk

To The Judicial Magistrate No.III Pondicherry

SUNDER MOHAN, J.

dk 21.11.2022