M.Balajayakumar v. D.Mohanapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CRL.OP.NO.21953/2015 & MP.NO.1/2015 [VIDEO CONFERENCING] 1.M.Balajayakumar 2.Banu @ Vasantha Kumari 3.K.Manoharan 4.S.Aruna Devi 5.R.Santhosh Kumar ... Petitioners/Respondents

Versus

D.Mohanapriya ... Respondent/Petitioner Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records relating to the impugned complaint in DVA.No.17/2015 on the file of the learned Judicial Magistrate No.6, Coimbatore and quash the same as highly illegal.

For Petitioners : Mr.K.S.Ilangoavan https://hcservices.ecourts.gov.in/hcservices/

ORDER

(1) A learned Single Judge of this Court in a batch of cases in Crl.OP.No.28458/2019 etc., batch, vide common order dated 18.01.2021, had very categorically held that any proceedings questioning the pendency of complaints preferred under the Protection of Women from Domestic Violence Act, 2005, should only be preferred as a Civil Revision Petition under Article 227 of the Constitution of India and that the petition under Section 482 of Cr.P.C., would not lie and the same is not maintainable. (2) Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar AP To

1. The Judicial Magistrate No.6 Coimbatore.

2. The Public Prosecutor High Court, Madras.

Crl.OP.No.21953 of 2015 VBM(CO) RLP(14/09/2021) https://hcservices.ecourts.gov.in/hcservices/