R.Karthikeyan v. The Protection Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CRL.OP.NO.15241 OF 2014 & MP.NOS.1 & 2 OF 2014 [VIDEO CONFERENCING] 1.R.Karthikeyan 2.Ramachandran 3.Rajalakshmi ... Petitioners

Versus

1. The Protection Officer Under the Domestic Violence Act, Chennai 600 001.

2. K.Janaki ... Respondents Prayer : - Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records and quash the domestic Violence Case in MC.No.6/2014 against the petitioners pending on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai. For Petitioners :

Mr.A.Thirumaran For R1 :

Mr.E.Raj Thilak Additional Public Prosecutor For R2 :

Mrs.Gajalakshmi Rajendran

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 https://hcservices.ecourts.gov.in/hcservices/

India and that the petition under Section 482 of Cr.P.C., would not lie and the same is not maintainable. (2) Additionally, the learned counsel for the petitioners states that the matter has become infructuous and places a request to withdraw the petition.

(3) Accordingly, the Criminal Original Petition stands dismissed as withdrawn.

Consequently, connected miscellaneous petitions stand closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP To

1. The IX Metropolitan Magistrate Saidapet, Chennai.

2. The Protection Officer Under the Domestic Violence Act, Chennai 600 001.

3. The Public Prosecutor High Court, Chennai.

Crl.OP.No.15241 of 2014 SSI(CO) CS/12/10/2021 https://hcservices.ecourts.gov.in/hcservices/