Madras High CourtCRL OP/22568/2015dismissed

Manikanda Kumaran v. A. Lavanya

2021-09-07Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.22568 of 2015 and M.P.Nos.1 and 2 of 2015

1. Manikanda Kumaran

2. G.Rajagopal

3. R.Vijayarani .. Petitioners/Respondents 1 to 3 Vs.

A.Lavanya .. Respondent/Petitioner Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in D.V.No.1 of 2015 pending on the file of Judicial Magistrate at Tambaram and quash the same. For Petitioners ..

Mrs.Gajalakshmi Rajendran For Respondent ..

Mr.M.Prem Kumar

ORDER

This Criminal Original Petition has been filed to call for the records in D.V.No.1 of 2015 pending on the file of the Judicial Magistrate Court at Tambaram and to quash the same. 2.A learned Single Judge of this Court in a batch of cases in Crl.O.P.No.28458 of 2019 etc., batch, vide common order dated 18.01.2021, in Dr.P.Pathmanathan and 2 others v. Tmt.V.Monica and another (2021 (2) CTC 57), 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.

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3.Accordingly, the Criminal Original Petition stands dismissed. The connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar smv To The Judicial Magistrate, Tambaram Crl.O.P.No.22568 of 2015 and M.P.Nos.1 and 2 of 2015 CP (CO) PR (24/09/2021) https://hcservices.ecourts.gov.in/hcservices/