Neha Chaturvedi vs State & Anr. on 1 June, 2023
In K. Rajendran & Ors. Vs. Ambikavathy, 2013 SCC Online Mad
116 : (2019) 3 DMC 202, it has been held as follows:-
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K.Rajendran vs Ambikavathy on 8 January, 2013
Sandhya Tewary vs Capt. Rajender Tewary on 20 February, 2015
My views are further substantiated by the Judgment dated
09.01.2013 of the Hon'ble Madurai Bench of Madras High court in
Crl. R.C (MD) No. 287 of 2012 and M.P. ( MD) No. 1 of 2012 in
matter titled as Arivazhagan Vs. M.Uma & Others and the
judgment dated 08.01.2013 of the Hon'ble Madurai Bench of
Madras High court in Criminal revision Case (MD) No. 482/2012
and M.P. (MD) No.1 of 2012 in case titled as K. Rajendran & Anr Vs.
Ambikavathy & Anr.
Jallarapu Laxman Rao vs Jallarapu Pedda Venkateswarlu And Two ... on 1 November, 2017
A similar view was expressed by learned Single Judge of
Madras High Court in K.Rajendran and Another v. Ambikavathy
and Another had liberally considered various provisions of the
Act relying on Karthikeyan v. Sheeja and held that the writ
petition cannot hence be entertained as the petitioner has an
efficacious remedy.
Ram Niwas Yadav vs The State on 18 August, 2018
In K. Rajendran's case (supra), Hon'ble Madras High Court
has held that the criminal revision petition will not lie in the eye of law
CA No.204803/2016 Ram Niwas Yadav v. The State & Ors. Page No.7 of 9
against the order passed by the learned Magistrate under the
provisions of the D.V. Act.
Shakeel Ahmed vs Ishrat Nisha on 7 September, 2015
My views are further substantiated by the Judgment dated
09.01.2013 of the Hon'ble Madurai Bench of Madras High court in
Crl. R.C (MD) No. 287 of 2012 and M.P. ( MD) No. 1 of 2012 in
matter titled as Arivazhagan Vs. M.Uma & Others and the
judgment dated 08.01.2013 of the Hon'ble Madurai Bench of
Madras High court in Criminal revision Case (MD) No. 482/2012
and M.P. (MD) No.1 of 2012 in case titled as K. Rajendran & Anr Vs.
Ambikavathy & Anr.
Manoj Kumar Gangawal vs Ashakavita Jain on 4 July, 2017
8.In support of his contention, the learned counsel appearing for the respondent has relied upon the Judgment of this Court reported in (2013) 2 MLJ (Crl) 406 in the matter of K.Rajendran and another v. Ambikavathy and another. The learned counsel appearing for the respondent would invite the attention of this Court to Paras 46 and 47 of the said Judgment cited supra which reads thus:
Mohd. Mubeen And 2 Others vs State Of U.P. And Another on 17 August, 2021
Looking to the law laid down by the Hon'ble Supreme Court in the case of Shalu Ojha (Supra) with deepest regard I am not in agreement with the view expressed by the Kerala High Court in the case of Baiju and another (Supra) and the Madras High Court in K. Rajendran (Supra) case. Submissions raised by the learned counsel for the revisionist regarding maintainability of the present revision is not acceptable and the criminal revision is not maintainable.
Beaze @ Prakash vs P.Mahalakshmi on 16 April, 2015
4. The learned counsel for the respondent, at the outset, would raise a
preliminary objection regarding the maintainability of these revisions.
According to him, any order made by a Magistrate under the said Act is
appealable under Section 29 of the Act. When there is a statutory remedy of
appeal available, according to the learned counsel, these revisions are not
at all maintainable before this Court. The learned counsel would place
reliance on a judgment of this Court in K.Rajendran and another vs.
Ambikavathy and another reported in (2013) 2 MLJ (Crl) 406, where this Court
has held that such revision has not at all maintainable in view of the fact
that a remedy of appeal is available.
Pradap Prakash Royapparaj vs Arokia Augustina Mouttapa on 25 March, 2015
Therefore, I am bound to follow the decision, in Rajendran's case (cited supra). Without going into the merits of this case, this Court is of the view that the present case is not maintainable. Interim stay granted is vacated, and I have to dismiss the revision case.
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