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Madras High CourtCRL OP/15794/2023withdrawn dismissed

Devagi v. V.Kanimozhi

2023-07-17Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15794 of 2023 and Crl.M.P.Nos.9859 and 9860 of 2023 1.Devagi 2.Vasuki 3.Vanitha

...Petitioners

-Vs1.V.Kanimozhi ..Respondent/Petitioner 2.Lakshmanan ..Respondent/1st Respondent Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records in M.C.No.21 of 2012 on the file of Judicial Magistrate-II, Puducherry and quash the same in respect of the petitioners.

For Petitioners : Mr.B.Gopalakrishnan

ORDER

The proceedings initiated under Section 12 of the Domestic Violence Act, 2005 has been put to challenge in this criminal original petition filed

under Section 482 of Cr.PC. It is now settled that a petition under Section 482 of Cr.PC., is not maintainable. When this was brought to the learned counsel for the petitioners, the learned counsel sought for the permission of this Court to withdraw this petition and to workout their remedy by filing a civil revision petition under Section 227 of the Constitution of India. 2.In view of the above, this criminal original petition is dismissed as withdrawn. Consequently, connected miscellaneous petitions are closed. 3.The Registry is directed to hand over the certified copy of the complaint to the learned counsel for the petitioners to enable the petitioners to workout their remedy in accordance with law. 17.07.2023 KP Index : Yes/No Internet : Yes/No

To Judicial Magistrate-II Puducherry.

N.ANAND VENKATESH, J.

KP Crl.O.P.No.15794 of 2023 and Crl.M.P.Nos.9859 and 9860 of 2023 17.07.2023