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Madras High CourtCRL OP/19145/2013disposed of

M.Chandran v. P.Govindammal, F/63 Years,

2020-02-03Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.19145 & 20302 of 2013 and M.P.Nos.1 & 3 of 2013 in Crl.O.P.No.19145 of 2013 and M.P.No.1 of 2013 in Crl.O.P.No.20302 of 2013 M.Chandran

...Petitioner in Crl.OP.No.19145/2013

C.Parameswari

...Petitioner in Crl.OP.No.20302/2013

Vs.

P.Govindammal

...Respondent in both cases

PRAYER in Crl.O.P.No.19145 of 2013: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records and quash the proceedings in DVC No.10 of 2013 pending before the Judicial Magistrate Court, Ambattur with respect to the petitioner/2nd accused.

PRAYER in Crl.O.P.No.20302 of 2013: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records and quash the proceedings in DVC No.10 of 2013 pending before the Judicial Magistrate Court, Ambattur with respect to the petitioner/1st accused.

For Petitioners: Mr.M.Kempraj (in both cases) For Respondent : Mr.S.Gunalan (in both cases) COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the proceedings in DVC No.10 of 2013, pending on the file of the Judicial Magistrate Court, Ambattur.

2.The learned counsel appearing for the petitioners would submit that without going into the merits of the case, it would suffice if this Court issues direction to the Trial Court to expedite the trial and complete the same as early as possible. He would further submit that the appearance of the petitioners before the Trial Court may be dispensed with and would further submit that the petitioners are ready to appear as and when necessary.

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3.The learned counsel appearing for the respondent concede to the request made by the learned counsel appearing for the petitioners. The learned counsel, on instructions, submitted that the respondent would continue to pay Rs.10,000/- towards maintenance to the defacto complainant.

4.In view of the above, this Court directs the learned Judicial Magistrate Court, Ambattur, to expedite the trial in DVC No.10 of 2013 and complete the same within a period of three months from the date of receipt of a copy of this order. The appearance of the petitioners before the Trial Court is dispensed with, for the present. However, this order will not stand on the way of the Trial Court to insist for the appearance of the petitioners for receiving copies under Section 207 of Cr.P.C., framing of charges, questioning under Section 313 of Cr.P.C. and Judgement and as and when the Trial Court feels it necessary.

5.With the above directions, the Criminal Original Petitions are disposed of. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar hvk To 1.The Judicial Magistrate Court, Ambattur.

2.The Chief Judicial Magistrate, Chennai District. +2ccs to Mr.S.Gunalan, Advocate, SR.No.820 & 8209. +2ccs to Mr.M.Kempraj, Advocate, SR.No.7965 & 7866. Crl.O.P.Nos.19145 & 20302 of 2013 and M.P.Nos.1 & 3 of 2013 in Crl.O.P.No.19145 of 2013 and M.P.No.1 of 2013 in Crl.O.P.No.20302 of 2013 LN(CO) CSR: 14.02.2020 https://hcservices.ecourts.gov.in/hcservices/