Leelesh Kumar v. Mrs. Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN and Crl.M.P.Nos.1 & 2 of 2015 [Video Conferencing] 1.Leelesh Kumar 2.Ashok Kumar Jain 3.Bhagwathi Jain 4.Neelam Devi Jain ... Petitioners

Versus

Kavitha ... Respondent Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in DVC.No.41 of 2015 pending on the file VIII Metropolitan Magistrate Court, George Town, Chennai and quash the same. For Petitioners :

Mr.C.Arun Kumar For Respondent :

Mr.Pramodkumar Chopda

ORDER

The present Criminal original petition has been filed to call for the records in DVC.No.41 of 2015 pending on the file VIII Metropolitan Magistrate Court, George Town, Chennai 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.

3.Accordingly, the Criminal Original Petition stands dismissed. Consequently, the connected miscellaneous petitions are closed. 06.10.2021 smv 2/2 Internet : Yes

To The Court of VIII Metropolitan Magistrate, George Town, Chennai.

C.V.KARTHIKEYAN, J., smv Crl.OP.No.30244 of 2015 06.10.2021 2/2