M.Balakrishnan v. A.Manimala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE:31.08.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.25379 of 2015 and M.P.No.1 of 2015 1.M.Balakrishnan, 2.B.Rajalakshmi, 3.B.Kalirajan,

...Petitioners

vs.

A.Manimala

...Respondent

Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the complaint in C.C.No.1988 of 2015 on the file of the X Metropolitan Magistrate Court, Egmore and quash the same.

For Petitioner : No appearance

ORDER

When the matter was taken up for hearing, there is no representation for the petitioner.

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.

3. Accordingly, the Criminal Original Petition stands dismissed. The connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

ssk.

To The X Metropolitan Magistrate Court, Egmore.

Crl.O.P.No.25379 of 2015 and M.P.No.1 of 2015 GPL(CO) A.SK(20.09.2021) https://hcservices.ecourts.gov.in/hcservices/