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Madras High CourtCRL OP/27594/2015dismissed

Vinod Mukundagiri v. Mrs.Kamala Krishnamurthy

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.27594 of 2015 and M.P.No.1 of 2015 1.Vinod Mukundagiri 2.M.V.Lakshminarasimhan 3.Prema Narasimhan 4.Jayashree Hari 5.Jayanthi Gopal .. Petitioners\Respondents Vs.

Kamala Krishnamurthy .. Respondent\Petitioner Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.7581 of 2014 on the file of the Judicial Magistrate Alandur, and quash the same. For Petitioners ..

Ms.Vedhavel for Mr.K.Sakthivel For Respondent ..

No Appearance

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.7581 of 2014 on the file of the Judicial Magistrate, Alandur 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 Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smv/psa To The Judicial Magistrate, Alandur.

Crl.O.P.No.27594 of 2015 and M.P.No.1 of 2015 GSM (CO) PR (30/09/2021) https://hcservices.ecourts.gov.in/hcservices/