Savarimuthu, Aged 55 Years v. A.Amali, Aged 30 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.09.2021

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN CRL.O.P.NO.24496 OF 2016 AND CRL.M.P.NO.12020 OF 2016

1. Savarimuthu

2. S.Akinoss .. Petitioners/Accused Vs.

1. A.Amali

2. The Protection Officer, District Social Welfare Office, Perambalur, PerambalurDistrict. .. Respondents/Complainant Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in M.C.No.1 of 2016 on the file of the Judicial Magistrate Court (Magila Court), Perambalur and quash the same.

For Petitioners .. Mr.P.Pugalenthi For R1 .. No Appearance For R2 .. Mr.E.Raj Thilak Government Advocate (Criminal Side)

ORDER

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 https://hcservices.ecourts.gov.in/hcservices/

under Section 482 of Cr.P.C., would not lie and the same is not maintainable.

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

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar grs/kbs To

1. The Judicial Magistrate Court (Magila Court), Perambalur.

2. The Protection Officer, District Social Welfare Office, Perambalur, Perambalur District.

3. The Public Prosecutor High Court, Madras-104.

Crl.O.P.No.24496 of 2016 and Crl.M.P.No.12020 of 2016 RSV(CO) PM/05/10/2021 https://hcservices.ecourts.gov.in/hcservices/