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2016 Supreme(Mad) 2947

G.CHOCKALINGAM
T. Rajasekaran – Appellant
Versus
Protection Officer, Domestic Violence Act, District Social Welfare Officer – Respondent


Advocates Appeared:
For the Petitioner: Mr. A. Thigarajan for Mr. S. Ramesh Kumar
For the Respondents: Mr. M. Mohammed Riyaz, Mr. R. John Sathyan for M/s. R. Poornima

ORDER :

The Criminal revision is directed against the order passed by the learned 10th Metropolitan Magistrate, Egmore @ Allikulam, Chennai made in Crl. MP No. 1336 of 2016 in CC No. 2463 of 2015 dated 18.03.2016, dismissing the discharge application filed under Section 238 Cr.PC.

2. It is admitted by both sides, CC No. 2463 of 2015 is pending on the file of the X Metropolitan Magistrate, Egmore @ Allikulam, Chennai for the offences under Section 9(b) read with 37(2)(e) of the Protection of Women from Domestic Violence Act, 2005.

3. The learned counsel for the petitioner would mainly contend that the trial Court without appreciating the facts erroneously dismissed the discharge application filed by the revision petitioner. In this case, the pleadings are artificial, imaginary and has no logic, without any legal basis filed the present application as per Rule 17(3), there is no facts placed by the second respondent attracting to grant medical facilities to the second respondent. The learned trial Court failed to consider the second respondent filed OP No. 3877 of 2013, in which no such allegations of Domestic Violence Act was pleaded, the complaint was made after 19 years without menti











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