A single bench of Justice held that whether Domestic violence act proceedings is civil or criminal in nature, whether powers under article 227 are available against it.
The registry of the court refused to number the petition by saying that the petition is not maintainable under article 227.
The bench observed that article 227 is forum neutral. There is no distinction between civil court and criminal court.
Justice Swaminathan said that whether the proceedings are civil or criminal, the power under Art227 would always lie to quash the proceedings, If a case is really made out.
Registry cannot decide maintainability!
The decision of high court in
P. Surendran v State by Inspector of Police, In this case, the Court said that the registry cannot decide the issue of maintainability as it was a judicial function.
The bench also noted that the hesitance of the registry to number the petition was based on the divergence of views.
But the Justice Swaminathan noted that the issue was not whether the proceedings are civil or criminal in nature. It is the nature of the proceedings, Art 227 was available against them. Since the powers of superintendence are ‘forum neutral’
A petition under article 227 is maintainability to seek the quashing of proceedings under the DV act said by Madras High Court.
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