S.Amanullah v. Santhini Thara

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.10153 of 2026 and Crl.M.P.(MD).No.10173 of 2026 S.Amanullah

...Petitioner

Vs Santhini Thara

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, to call for the records relating to the order dated 11.02.2026 in Crl.M.P.No. 12 of 2026 in D.V.C.No.8 of 2026 on the file of the Learned Judicial Magistrate cum Additional Mahila Court, Thanjavur, QUASH the same and thus render justice.

For Petitioner : M/s.A.N.Ramanathan

ORDER

Today, the matter is listed under the caption for maintainability.

2. A perusal of the records reveals that the present petition has been filed challenging the interim order passed in Crl.M.P. No.12 of 2026 in DVC No.8 of 2026, on the file of the learned Judicial Magistrate-cum-Additional Mahila 1/4

Court, Thanjavur. In view of the fact that appeal remedy is available under Section 29 of the Protection of Women from Domestic Violence Act, 2005, this Court is not inclined to entertain the present petition under Section 528 of BNSS.

3. In view of the above said facts, the objection raised by the Registry is sustained, and the Registry is directed to return the original impugned order to the learned Counsel for the petitioner. In the event the petitioner files an appeal, the period from 20.04.2026 till the date of receipt of a copy of this order shall be excluded for the purpose of calculating the period of limitation for filing the appeal before the appellate court.

4. With the said observations, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 04.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 2/4

To:-

1. The Judicial Magistrate cum Additional Mahila Court, Thanjavur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR , J.

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