Madras High CourtCRL OP/26059/2016dismissed

A.Shabeer Basha v. Sabana

2022-04-04Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN CRL.O.P.No.26059 of 2016 and Crl.M.P.Nos.12929, 12930, 13663 of 2016 & 9293 of 2018 1.A.Shabeer Basha 2.Ameer Bashaa 3.A.Naseera 4.A.Shathik Basha 5.A.Imthiyas 6.M.Bhaaneer Khan

...Petitioners/Accused 1 to 6

Vs.

Sabana

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records comprised in DVC No.138/2016 on the file of the Addl.Magila Court, Chennai, Allikulam Complex and quash the same. For Petitioners : No appearance For Respondent : Mr.R.Thanigai Arasu

ORDER

This Criminal Original Petition has been filed to call for the records in DVC No.138/2016, on the file of the Addl.Magila Court, Allikulam Complex, Chennai and quash the same.

2. There was no representation for the petitioners in the last hearing, therefore, the matter was posted today (04.04.2022) under the caption 'for dismissal'. Today also there is no representation for the petitioners. The learned counsel for the respondent is present and he submits that there is no instruction from the respondent.

3. This Court in the judgment reported in 2021 1 L.W.289 P.Pathmanathan and others Vs. V.Monica and Others held that petition under Section 482 Cr.P.C. cannot be maintained for quashing the proceedings under Domestic Violence Act, 2005. Considering the fact that there is no representation for the petitioners and the matter is pending from the year 2016 and https://hcservices.ecourts.gov.in/hcservices/

also following the order reported in 2021 1 L.W. 289 P.Pathmanathan and others Vs. V.Monica and Others, this Court finds that this Criminal Original Petition is not maintainable and dismissed accordingly.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar sli To The Addl.Magila Court, Allikulam, Complex, Chennai.

CRL.O.P.No.26059 of 2016 SJ (CO) PR (19/04/2022) https://hcservices.ecourts.gov.in/hcservices/