Madras High CourtCRL OP/26537/2016dismissed

K.Thiruththaninathan Aged 35 v. Malliga Murugaraj

2021-09-28Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN C.R.L.OP.NO.26537/2016 & C.R.L.MP.NO.13301/2016 [Video Conferencing]

1. K.Thiruththaninathan

2. Karthikeyan

3. Mallika Kaarthikeyan ... Petitioners

Versus

Malliga Murugaraj ... Respondent PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records in DVAC No.238/2016 on the file of the learned Additional Mahila Court, Egmore, Chennai and quash the same.

For Petitioners :

Mr.C.Munusamy For Respondent :

M/s.Lenin and Bhagya

ORDER

(1) A learned Single Judge of this Court in a batch of cases in Crl.O.P.No.28458/2019 etc., batch, [Dr.Padmanathan and Others Vs. Tmt. Monica and Others] 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 petitions stand closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar AP To The Additional Mahila Court, Egmore, Chennai.

+1cc to M/s.Lenin and Bhagya, Advocate, S.R.No.50026 CRL.OP.NO.26537/2016 PMK(CO) PBS/22/10/2021 https://hcservices.ecourts.gov.in/hcservices/