Madras High Court
Lawrence Rego vs Rachel Rebecca Rego on 8 August, 2022
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.R.C.No.651 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.651 of 2022
and Crl.M.P.Nos.6865 & 6866 of 2022
1. Lawrence Rego
2. Regina Rego ... Petitioners
Vs
Rachel Rebecca Rego ... Respondent
Prayer: Criminal Revision Case filed under Section 397 read with 401
Cr.P.C, pleased to set aside the order passed in Crl.M.P.No.4234 of 2021
in DVC.No.58 of 2015 dated 03.02.2022 by the XV Metropolitan
Magistrate Court, George Town, Chennai.
For Petitioners : Mr.M.Anaimuthu Rajaram
for Mr.T.N.Rajagopalan
For Respondent : No Appearance
ORDER
This Criminal Revision Case is filed aggrieved by the order of the learned XV Metropolitan Magistrate, George Town, Chennai dated 1/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.651 of 2022 03.02.2022 in Crl.M.P.No.4234 of 2021 in DVC.No.58 of 2015, in an by which the prayer of the respondent/wife to revoke the order dated 13.03.2020 under Section 25(2) of the Domestic Violence Act has been accepted.
2. The contention of the learned counsel for the petitioner is that the earlier order dated 13.03.2020 was passed based on the compromise entered into between the parties and therefore, Section 25 cannot be taken to mean even to revive the petition which ended on compromise and therefore, according to him, the learned Magistrate has no jurisdiction what so ever to pass the orders.
3. Without going into the merits of the contention, it can be seen that as per Section 29 of the Protection of Women from Domestic Violence Act, 2005, every the order of the learned Magistrate under the Act is appealable and as such even the present one, which is under Section 25(2) is also appealable.
2/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.651 of 2022
4. In view of the bar under Section 401 of Cr.P.C., this Court cannot entertain the revision as against the present order against which there is an appeal or when no appeal is filed. Therefore, this Revision is dismissed. However, liberty is given to the petitioner to file an appeal before the appropriate Court of Sessions.
5. It is seen that this revision was filed on 17.05.2022 and the period from 17.05.2022 until the date of the receipt of a copy of this order can be excluded for the purpose of limitation before the trial Court.
6. Registry is also directed to return the original order to the learned counsel for the petitioner so as to enable him to file an appeal.
7. With the above observations, this Criminal Revision Case is dismissed.
08.08.2022 rgi Index : yes/no Speaking/Non-speaking order 3/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.651 of 2022 D.BHARATHA CHAKRAVARTHY, J.
rgi Crl.R.C.No.651 of 2022 and Crl.M.P.Nos.6865 & 6866 of 2022 08.08.2022 4/4 https://www.mhc.tn.gov.in/judis