Selvaramakrishnan v. Gomathi Shankari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.DHANABAL and Crl.M.P(MD) Nos. 3763 and 3764 of 2020

1. Selvaramakrishnan

2. Rajammal

3. Anitha Baby

4. Saraswathi ... Petitioners Vs.

Gomathi Shankari ..Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in M.C.No.18 of 2012 on the file of the learned Judicial Magistrate No.I, Tirunelveli and quash the same. For Petitioners : Mr.P.Samuel Gunasingh For Respondent : Mr.K.J.Soundarrajan 1/3

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in M.C.No.18 of 2012 on the file of the learned Judicial Magistrate No.I, Tirunelveli

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioners brought to the knowledge of this Court that in the case of Arun Daniel and others .vs. Suganya reported in 2022(6)CTC 833, the Hon'ble Full bench of this Court has decided that as against DVOP,Criminal Original Petition will not lie and the parties have to work out their remedy under Article 227 of the Constitution of India.

3. In view of the same, the Criminal Original Petition stands dismissed with liberty to the petitioners to file appropriate petition under the relevant provision in accordance with law. Consequently connected miscellaneous petitions are closed.

18.07.2023 Index : Yes / No Internet : Yes / No aav To The Judicial Magistrate No.I, Tirunelveli 2/3

P.DHANABAL, J.

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