Sheik Sirajdeen v. Anees Fathima

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.19032 of 2022 and Crl.M.P(MD) Nos.12846 and 12847 of 2022 Shiek Sirajdeen ... Petitioner/Respondent Vs.

Anees Fathima ... Respondent/Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the D.V.O.P.No.2 of 2021 on the file of Judicial Magistrate Court, Periyakulam and quash the same as illegal.

For Petitioner : Mr.Althaf Sheriff.K for M/s.Ajmal Associates For Respondent : Mr.Selvam

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the D.V.O.P. No.2 of 2021 on the file of Judicial 1/4

Magistrate Court, Periyakulam, and quash the same as illegal.

2. This criminal original petition has been filed against the proceedings, which was initiated by the respondent under various provisions of the Domestic Violence Act, 2005 namely under Sections 12, 18, 19, 20, 21, 22 and 23. The learned counsel for the petitioner would submit that now in view of the Full Bench judgment of this Court in the case of Arul Daniel Vs. Suganya reported in (2022) 4 MLJ (Cri.) 561 liberty may be granted.

3.Accordingly, liberty is granted to the petitioner to workout his remedy through appropriate proceedings. With the above liberty this petition stands disposed of. Consequently, connected miscellaneous petitions are closed.

30.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 2/4

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 30.03.2023 4/4