Lakshmipathy v. B.Prabha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 01.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CRL.OP.NO.27489/2015 & MP.NO.1/2015 [VIDEO CONFERENCING]

1. Lakshmipathy

2. Premavathi

...Petitioners

Versus

1. B.Prabha

2. SenthiPrabhu ... Respondents Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C to call for the entire records in M.C.No.12 of 2015, on the file of the Learned District Munsif-cum- Judicial Magistrate, Thirukazhukundram, filed by the 1st Respondent herein under Section 12 r/w Sections 20 & 22 of the Protection of Women from Domestic Violence Act, 2005, and quash the same. For Petitioners :M/s.Akshaya for Mr.D.Ravichander

ORDER

(1) A learned Single Judge of this Court in a batch of cases in Crl.O.P.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. https://hcservices.ecourts.gov.in/hcservices/

(2) Accordingly, the Criminal Original Petition stands dismissed. Consequently, connected miscellaneous petition is closed.

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

1. The District Munsif-cum-Judicial Magistrate, Thirukazhukundram.

Crl.OP.No.27489/2015 SSI(CO) PM/21/09/2021 https://hcservices.ecourts.gov.in/hcservices/