N.Arulraj Vs G.Preethi @ Priscilla

Mark Stalin Raj S/o.N.Arulraj, Permanent Address, No.21, Seenivasan Street, Ezhilnagar Extension, Thorapadi, Vellore Taluk, Vellore District. Presently Residing at Flat No.A-011, Platinum 321, Rajnagar Extension, Ghaziabad, Uttar Pradesh.

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Debora A @ Debora Stalin Raj W/o. Mark Stenin Raj .A Permanent Address, No.21, Seenivasan Street, Ezhilnagar Extension, Thorapadi, Vellore Taluk, Vellore District.

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 17454 of 2026

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Presently Residing at Flat No.A-011, Platinum 321, Rajnagar Extension, Ghaziabad, Uttar Pradesh.

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..Petitioner(s)

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Vs

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G.Preethi @ Priscilla D/o. Ganesan @ Peter, No.253, Jaibheen Nagar, Senur Village, Jafrapet Post, Katpadi Taluk, Vellore District.

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..Respondent(s)

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PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, praying to call for the records in DVC No.7 of 2026 on the file of the learned Judicial Magistrate Court, Katpadi and quash the same.

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For Petitioner(s): Mr.M.Dwarakanath

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Order

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This Criminal Original Petition to call for the records in DVC

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No.7 of 2026 on the file of the learned Judicial Magistrate Court, Katpadi and quash the same.

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2.Although a petition under Section 482 Cr.P.C./Section 528 BNSS is maintainable against proceedings initiated under the Domestic Violence Act, this Court has consistently taken the view that parties should invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. This approach ensures certainty and

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Page2 of 4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 17454 of 2026

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avoids the possibility of conflicting orders being passed in two different jurisdictions.

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3.Accordingly, this Criminal Original Petition is disposed of, granting liberty to the petitioners to approach this Court under Article 227 of the Constitution of India seeking the very same relief. The original certified copy of the impugned order shall be returned to the petitioners to enable them to file the appropriate proceedings. In the meantime, since it has been submitted that the matter is posted for the appearance of the petitioners before the trial Court tomorrow, their personal appearance is dispensed with for that day alone. Thereafter, the parties shall be governed by the orders that may be passed in the appropriate Civil Revision Petition to be filed by the petitioners. Consequently, the connected miscellaneous petitions are closed.

06-07-2026

Neutral Citation: No

AH

To