Madras High Court
S.Priya vs Jacob on 5 October, 2021
Crl.O.P.(MD)No.15126 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.10.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN
Crl.O.P.(MD) No.15126 of 2021
S.Priya ... Petitioner
Vs.
1.Jacob
2.Esther
3.Anitha Jacob
4.Muniyammal @ Guruvammal
5.Stalin Jacob
6.The State through the,
Inspector of Police,
Thalakulam All Women Police Station,
Madurai. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C, to direct the learned Additional Mahila Court at Madurai to
expeditiously dispose of the petition in DV.OP.No.31 of 2020 pending
on the file of the Learned Additional Mahila Court Madurai, within the
time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
For R6 : Mr.RMS.Sethuraman
Additional Public Prosecutor
https://www.mhc.tn.gov.in/judis/
1/4
Crl.O.P.(MD)No.15126 of 2021
ORDER
This petition is filed seeking direction to the learned Judge,
Additional Mahila Court, Madurai to expedite the trial process in
DV.OP.No.31 of 2020 and complete the same within the time stipulated
by this Court.
2.The grievance of the petitioner is that even though the case has
been registered in 2020, so far no progress has been made.
3.In the judgment of the 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, this Court has categorically 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. As per
the aforesaid judgment, this petition, which is filed under Section 482 of
the Code of Criminal Procedure, will not lie.
4.Further, in the aforesaid judgment a direction is also issued to all
the Subordinate Courts to expedite the trial process and dispose of the
same within a period of 3 months from the date of receipt of a copy of the
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15126 of 2021
order. The direction issued in the aforesaid judgment has to be complied
with by the learned Judge, Additional Mahila Court, Madurai also.
5.In view of the above, even though this petition is not lie, there
shall be a direction to the learned Judge, Additional Mahila Court,
Madurai to expedite the trial process in DV.OP.No.31 of 2020 and
disposed of the same within a period of 3 months from the date of receipt
of a copy of this order.
6.With the aforesaid direction, this petition is dismissed.
Index : Yes/No 05.10.2021
Internet : Yes/No
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
1.The Inspector of Police,
Thalakulam All Women Police Station,
Madurai.
G.ILANGOVAN. J.
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.15126 of 2021
mm
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Crl.O.P.(MD)No.15126 of 2021
05.10.2021
https://www.mhc.tn.gov.in/judis/
