Eswaramoorthy v. Nagajothi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and C.M.P. (MD) No.5920 of 2024 Eswaramoorthy ... Petitioner -vs1.Nagajothi 2.Priyanka 3.Pavithra 4.The Superintendent of Police (Rural), Salary Accounts Department, Alagar Kovil Road, Madurai.

... Respondents PRAYER: Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the order passed in Crl.M.P. No.420 of 2023 in Crl.M.P. No. 3086 of 2012 in Crl.M.P. No. 6203 of 2011 dated 19.01.2024 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai and set aside the same.

For Petitioner : Mr. M.Jerin Mathew 1/5

O R D E R

The Civil Revision Petition invoking under Article 227 of the Constitution of India, has been filed to set aside the order dated 19.01.2024 made in CRL.M.P. No. 420 of 2023in CRL.M.P. No. 3086 of 2012 in CRL.M.P. No. 6203 of 2011 on the file of the the Additional Mahila Court, Madurai (hereinafter referred to as the 'Trial Court' for short) . 2.

Heard Mr. M.Jerin Mathew, Learned Counsel for the Petitioner and perused the materials placed on record apart from the pleadings of the parties. 3.

At this juncture, taking into consideration the relief sought in this Civil Revision Petition, reference has to be made to the dictum laid down by Full Bench of this Court in Arul Daniel -vs- Suganya (Order dated 17.11.2022 in Crl. O. P. S.R. No. 31852 of 2022 and etc., batch), which reads as follows:- "35. ...In normal circumstances, the power under Article 227 will not be exercised, as a measure of self-imposed restriction, in view of the corrective mechanism available to the aggrieved parties before the Magistrate, and then by way of an appeal under Section 29 of the Act."

2/5

It would also be useful to extract Section 29 of the Protection of Women from Domestic Violence Act, 2005, below:- "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.

Having due regard to that position of law, it has not been demonstrated before this Court that the Petitioner has been impeded from canvassing what is sought to be agitated in this Civil Revision Petition in an appeal before the Sessions Court as explicated in the aforesaid binding decision of this Court and the Memorandum of Grounds of Revision is also bereft of any details in that regard.

5.

In that backdrop, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Civil Revision Petition reserving the right of the Petitioner to resort to aforesaid procedure. He has also made an endorsement to that effect in the court record.

3/5

In view of the same, the Civil Revision Petition is dismissed as withdrawn with the aforesaid clarification. It is made that clear for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of presentation of the Civil Revision Petition, viz., 18.03.2024, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. Consequently, connected Miscellaneous Petition is closed. No costs. No costs.

23.04.2024 Index : Yes/No Internet : Yes/No Note: (i) Issue order copy by 24.04.2024.

(ii) Registry is directed to return the original impugned order under written acknowledgment after retaining a copy of the same for record.

PKN/ta 4/5

P.D. AUDIKESAVALU, J.

ta To 1.The Additional Mahila Court, Madurai.

2.The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

23.04.2024 5/5