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Madras High CourtCRL RC/380/2016dismissed with liberty

P.Arul Prasath @ Edwin v. Mary Dianana Geetha

2016-07-26Honourable Mr Justice G. Chockalingam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2016

CORAM

THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM Crl.R.C.No.380 of 2016 and Crl.MP.2531 of 2016

1. P.Arul Prasath @ Edwin

2. Shanthi Susheela

3. P.Shoba Rani

4. P.Joyee Pareetha Padmini

5. P.Subjatha

6. P.Reka

7. Saravanan

8. Jacob Balachander ... Petitioners/Respondents 1 to 8 Vs.

Mrs.Mary Dianana Geetha ... Respondent/Petitioner Prayer :- Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C. to set aside the order dated 23.06.2015 made in CMP.No.7501 of 2014 on the file Judicial Magistrate, Alandur. For Petitioners : Mr.S.Thankira For Respondent : Notice served No appearance

ORDER

The criminal revision petition is directed against the order passed by the learned Judicial Magistrate, Alandur in CMP.No.7501 of 2014 dated 23.06.2015 under section 12 of the Domestic Violence Act.

2.The learned counsel for the petitioners would contend that the criminal revision would lie before this Court against the order of learned Judicial Magistrate, Alandur in CMP.No.7501 of 2014 dated 23.06.2015 on the petition filed by the respondent herein/wife.

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3.In the above said circumstances, it is useful to extract Section 29 of the Protection of Women from Domestic Violence Act, 2005 which read as follows :- "29. Appeal - There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later."

4.In view of the above said provisions, the person convicted before the trial court/Judicial Magistrate has right to file appeal before the Sessions Judge and also in the case of acquittal, the appeal shall lie before the appellate Court to which the appeal ordinarily lie, the appeal has to be necessarily preferred before the concerned Sessions Court. 5.If any person, aggrieved over the said order passed by the learned Judicial Magistrate, Alandur, he has to prefer appeal before Sessions Court. But the present revision is preferred by the revision petitioners without invoking section 29 of the Domestic Violence Act. The revision petitioners has every right to prefer an appeal before the Sessions Judge of the concerned District.

If the petitioner is aggrieved over the order of the learned Judicial Magistrate, Alandur they has to prefer an appeal before the concerned Court and without following the above said procedure, the petitioners, straightaway, filed the revision petition before this Court which is not at all maintainable and the revision is liable to be dismissed. 6.In the result, the criminal revision petition stands dismissed, with liberty to the petitioners to approach the competent court in accordance with law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh To The Judicial Magistrate, Alandur.

Crl.R.C.No.380 of 2016 BVR(CO) CA(11/08/2016) https://hcservices.ecourts.gov.in/hcservices/