Madras High CourtCRP(MD)/1004/2025disposed of

Premkumar v. Murugalakshmi P.

2025-03-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR C.R.P.(PD)(MD)No.1004 of 2025 and C.M.P(MD)Nos.5393 & 5394 of 2025 1.Premkumar 2.Pakiyalakshmi

...Petitioners/Petitioners/Respondents

Vs.

1.P.Murugalakshmi 2.Minor. P.Vijay 3.Minor.Sivani (Respondents 2 & 3 are minors, represented through their mother namely the 1st respondent herein)

...Respondents/Respondents/Petitioners

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to set aside the fair and decreetal order passed in Cr.M.P.No.22610 of 2024 in D.V.C.No.53 of 2024 on the file of the Judicial Magistrate Court No.3, Tuticorin dated 10-01-2025 by allowing this civil revision petition. For Petitioners : Mr.N.Vignesh * * * * * 1/4

ORDER

The present revision petition has been filed by the respondents in D.V.C.No.53 of 2024, challenging the order passed by the Judicial Magistrate, No.3, Tuticorin, wherein of an application filed by the revision petitioners to discharge them from the complaint has been dismissed. 2.As against the said order, the petitioners are having an effective alternative statutory appeal remedy under Section 29 of the Protection of Women from Domestic Violence Act, 2005. Therefore, this Court cannot entertain the revision petition under Article 227 of the Constitution of India. 3.With the above said observations, this Civil Revision Petition stands dismissed with liberty to the revision petitioners to approach the competent appellate Court. No costs. Consequently, connected miscellaneous petitions are also closed.

4.The period between 24.03.2025, till the receipt of a copy of this order from this Court shall be excluded, in case, an appeal is presented before the first appellate Court.

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5.The Registry is directed to return the original impugned order after obtaining due acknowledgment from the learned Counsel appearing for the revision petitioners.

27.03.2025 Internet:Yes/No Index:Yes/No RJR To The learned Judicial Magistrate No.3, Tuticorin. Copy to:- The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

RJR C.R.P.(PD)(MD)No.1004 of 2025 27.03.2025 4/4