Madras High Court
Kanaga vs Sakthivel on 29 September, 2021
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
Vs.
1.Sakthivel
2.Karuppaiah
3.Muthulakshmi ...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.
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Crl.O.P.(MD)No.14597 of 2021
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:-
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Crl.O.P.(MD)No.14597 of 2021
“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 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
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Crl.O.P.(MD)No.14597 of 2021
comply with the directions passed in the aforesaid order.
Index : Yes/No 29.09.2021
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
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
G.ILANGOVAN. J.
mm
https://www.mhc.tn.gov.in/judis/
Crl.O.P.(MD)No.14597 of 2021
Crl.O.P.(MD)No.14597 of 2021
29.09.2021
https://www.mhc.tn.gov.in/judis/
