Kavitha vs Senthil Kumaran on 22 February, 2019

[Cites 3, Cited by 0]

Madras High Court

Kavitha vs Senthil Kumaran on 22 February, 2019

Bench: P.N.Prakash

                                                       1


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 22.02.2019

                                                     CORAM

                              THE HONOURABLE MR. JUSTICE P.N.PRAKASH

                                     CRL.M.P.(MD)SRNo.10277 of 2018
                                                   in
                                       CRL.R.C.(MD)No.852 of 2016

                 Kavitha                                        ... Petitioner / Respondent
                                                      Vs.
                 Senthil Kumaran                                ... Respondent / Petitioner


                 PRAYER: Criminal Original Petition is filed under Section 482 of the Code
                 of Criminal Procedure, to recall the order dated 05.01.2018 insofar as the
                 residential order is concerned passed in CRL.R.C.(MD)No.852 of 2016.


                                    For Petitioner   : Mr.K.Vidya
                                    For Respondent : Mr.D.Venkatesh


                                                     ORDER

The petitioner herein (Kavitha) initiated proceedings under the Domestic Violence Act before the learned Judicial Magistrate, Palani in Cr.M.P.No.5766 of 2016 against her husband Senthil Kumaran and his family members, claiming various reliefs. The Judicial Magistrate, Palani http://www.judis.nic.in 2 passed an order on 02.09.2016, challenging which, Senthil Kumaran filed C.A.No.34 of 2016 before the Principal Sessions Court, Dindigul, in which, he filed Cr.M.P.No.2147 of 2016 for stay of the order passed by the Judicial Magistrate. The Principal Sessions Court, Dindigul, by order dated 29.11.2016 dismissed Cr.M.P.No.2147 of 2016 and refused to grant stay of the order of the trial Court. Challenging the same, Senthil Kumaran filed Crl.R.C.(MD)No.852 of 2016 before this Court, in which, this Court, after hearing either side, passed final orders on 05.01.2018. After passing of the final orders, Kavitha has filed the present petition to recall the order on the ground that her counsel had wrongly accepted the offer that was made by Senthil Kumaran. The Registry entertained doubts on the very maintainability of this petition, in view of the bar under Section 362 Cr.P.C., and therefore, the matter is posted today i.e., on 22.02.2019 under the caption 'for maintainability'.

2.Heard the learned new counsel for Kavitha and the learned counsel for Senthil Kumaran.

3.After the order dated 05.01.2018 passed by this Court in Crl.R.C.(MD)No.852 of 2016, the learned Principal Sessions Judge has http://www.judis.nic.in 3 passed final orders in the appeal in C.A.No.34 of 2016 on 23.04.2018. Therefore, factually nothing survives in this petition and legally this petition is not maintainable, in view of the bar under Section 362 Cr.P.C. Therefore, the objection raised by the Registry is upheld. Accordingly, this petition is dismissed as not maintainable.

22.02.2019 Index : Yes / No Internet : Yes / No Myr To The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in 4 P.N.PRAKASH, J.

Myr CRL.M.P.(MD)SRNo.10277 of 2018 in CRL.R.C.(MD)No.852 of 2016 22.02.2019 http://www.judis.nic.in

Unlock Advanced Research with PRISMAI

Madras High Court