Madras High CourtCRL RC/847/2016dismissed

Mr.P.S.Sekar v. Mrs.Gowri

2016-06-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.RC.No.847 of 2016 and CRL.MP.No.6460 of 2016 P.S.Sekar ..

Petitioner Vs 1.Gowri 2.Prasanna Minor 3.Thithiksha Minor (Rep. by mother and natural guardian S.Gowri) 4.Rajeswari 5.Naresh Fast Food, Rep. by its proprietor, Mr.Murugan No.A/63, Alagesa Nagar, Chengalpattu - 603 001.

6.Vijay Bhavan Hotel, Rep. by its proprietor, Mr.Kumar No.A/63, Alagesa Nagar, Chengalpattu - 603 001.

7.Krishna Tea Stall Rep. By its Proprietor, Mr.Binesh No.A/63, Alagesa Nagar, Chengalpattu - 603 001.

8.Siva Puncher Shop, Rep. By its proprietor, Mr.Shiva, No.A/63, Alagesa Nagar, Chengalpattu - 603 001.

9.Krishnan Bunk Shop, Rep. By its Proprietor, Mr.Soman, No.A/63, Alagesa Nagar, Chengalpattu - 603 001.

.. Respondents Prayer:- Criminal Revision Petition filed under Sections 397 & 401 of Cr.P.C to call for the records in Crl.M.P.No.2198 of 2016 in Crl.M.P.No.1362 of 2016 in M.C.No.19 of 2014 on the file of Judicial Magistrate, Thiruvottriyur and to set https://hcservices.ecourts.gov.in/hcservices/

aside the order dated 05.05.2016 passed by the Judicial Magistrate, Thiruvottriyur.

For Petitioner :Mr.M.Vivekanandan

ORDER

This Criminal Revision Petition has been filed to call for the records in Crl.M.P.No.2198 of 2016 in Crl.M.P.No.1362 of 2016 in M.C.No.19 of 2014 on the file of the Learned Judicial Magistrate, Thiruvottriyur and to set aside the order dated 05.05.2016 passed by the Judicial Magistrate, Thiruvottriyur.

2. Heard the learned counsel appearing for the petitioner.

3. It is the grievance of the petitioner that the impugned order has been passed even without notice to him. Challenging the said order, the petitioner is before this Court with the present Criminal Revision Petition under Sections 397 and 401 of Cr.P.C.

4. In the considered opinion of this Court, a criminal revision will not lie in the light of Section 29 of the Domestic Violence Act, which clearly states that the petitioner has right of appeal over an order passed by the Magistrate before the Court of Sessions. An appeal remedy is a larger remedy, inasmuch as questions of fact can be gone into by the appellate Court.

With the above observation, the Criminal Revision Petition is dismissed with liberty to the petitioner to approach the Sessions Court under Section 29 of the Domestic Violence Act, subject to rules of limitation. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar sms To The Judicial Magistrate, Thiruvottriyur.

1 cc to Mr.M.Vivekanandan, Advocate, sr.32886 CRL.RC.No.847 of 2016 and CRL.MP.No.6460 of 2016 rsy co, kra 24.06.2016 https://hcservices.ecourts.gov.in/hcservices/