Kanaga v. Sakthivel

Crl.O.P.(MD) No.14597 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14597 of 2021 Kanaga ... Petitioner/Petitioner Vs.

1.Sakthivel 2.Karuppaiah 3.Muthulakshmi ... Respondents/Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the judicial Magistrate Court, Thirumangalam to expedite the trial and dispose the case in D.V.O.P.No.4 of 2016 within the time stipulated by this Court.

For Petitioner : Mr.A.Anand Raj

ORDER

This petition is filed seeking direction to the learned Judicial Magistrate, Thirumangalam to proceed the trial process in D.V.O.P.No.4 of 2016 and dispose of the same within a time frame to be fixed by this Court.

2.When the matter is taken up for hearing, it is brought to the notice of this Court that the issue in this petition has already been resolved in the judgment of Co-ordinate Bench of this Court in a batch of Criminal Original petitions dated 18.01.2021, Crl.OP.Nos.28458 of 2019 etc., batch.

3.On perusal of the aforesaid order, it came to the light that after a detailed consideration of the entire law on this point, the Court has held that the petition filed by the aggrieved person under Section 12 of the Domestic Violence Act, 2005, is only a civil proceedings and not a criminal proceedings and the aggrieved person is entitled to pursue his remedy as provided under the Act and since it has been taken as a civil proceedings, even though filed before the Judicial Magistrate of the first Class, power under Section 482 Cr.P.C cannot be invoked to quash the same. If at all only the power under Article 227 can be invoked. That too when an extraordinary case is made out, involving jurisdictional error and causing of manifest or substantial injustice. In the concluding portion of the order, it has been observed in paragraphs 53 and 54 are as follows:- "53.In the result, these petitions under Section 482 Cr.P.C., are not maintainable, and will accordingly stand dismissed. The petitioners will be at liberty to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.14597 of 2021 approach the Magistrate, and work out their remedies in accordance with the directions laid down, supra. The Magistrates shall endeavour to complete the proceedings within a period of three months from the date of receipt of a copy of this order.

54.The Registry is directed to circulate a copy of this order to the Principal District and Sessions Judges in the State, who in turn, will do the needful to bring the directions laid down in this order to the notice of the Judicial Magistrates, in their respective Sessions Divisions, for proper disposal of the applications filed under Section 12 of the D.V.Act."

4.Only Civil Revision Petition will lie. In view of the above, this petition will not lie.

5.With the aforesaid observation, this petition stands dismissed and the learned Judicial Magistrate, Thirumangalam is directed to comply with the directions passed in the aforesaid order.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judicial Magistrate, Thirumangalam, Madurai District.

Crl.O.P.(MD)No.14597 of 2021 29.09.2021 NSN(CO) RS (27.10.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2