Pitchammal Alias Gowri v. Ramalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.4868 of 2016 and Crl.M.P.No.2568 of 2016 1.Pitchammal @ Gowri 2.Kamala 3.Vigneswari 4.Saraswathi Ammal ...Petitioners/Respondents 2 to 5 Vs.

1.Ramalakshmi 2.K.S.Sakthi Kamalam

...Respondents 1 and 2/Petitioners

(Minor rep by Mother of natural guardian Mrs.Ramalakshmi) 3.M.Kuppuswamy ...3rd Respondent/1st Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in M.C.No.43 of 2015 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai and to quash the proceedings in M.C.No.43 of 2015, on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai, against the petitioners herein.

For Petitioners .. Mr.R.Chithiraputhiran For Respondents .. No Appearance

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 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, the connected miscellaneous petition is closed.

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

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. -do through- The Chief Metropolitan Magistrate, Egmore, Chennai.

Crl.O.P.No.4868 of 2016 and Crl.M.P.No.2568 of 2016 PCH[co] NSK 27/09/2021 https://hcservices.ecourts.gov.in/hcservices/