Madras High CourtCRL OP/10382/2015closed

K.P.Mythili v. K.D.Premkumar

2015-04-23Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.10382 of 2015 and M.P.No.1 of 2015 K.P.MYTHILI PETITIONER/PETITIONER Vs K.D.PREMKUMAR RESPONDENT/RESPONDENT Prayer:- Criminal Original Petition filed under Section 407 Cr.P.C., to withdraw the M.C.No.24 of 2013 pending on the file of Judicial Magistrate Court at Tambaram and transfer the same to the Family Court at Chennai.

For Petitioner :Mr.M.Rajendiran

ORDER

This Criminal Original Petition is filed under Section 407 of the Code of Criminal Procedure to withdraw M.C.No.24 of 2013 pending on the file of Judicial Magistrate Court at Tambaram and to transfer the same to the Family Court at Chennai.

2. The petitioner is the wife and she seeks transfer of M.C.No.24 of 2013 from the file of the Judicial Magistrate, Tambaram to any other Court on the ground that the trial has been delayed and that she is not having any means to maintain herself.

3. The learned counsel for the petitioner submits that the case is getting adjourned for the purpose of cross-examination of P.W.1 and that the respondent is adopting dilatory tactics by not cross-examining P.W.1.

4. Registry is directed to call for a report from the learned Judicial Magistrate, Tambaram as to the reason for the delay in completing the proceedings in M.C.No.24 of 2013.

5. In the meantime, this Court directs the learned Judicial Magistrate, Tambaram to complete the proceedings in M.C.No.24 of 2013, within a period of six months from the date of receipt of a copy of this order.

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With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg To

1. The Judicial Magistrate at Tambaram.

2. The Section Officer, 'B' Section, High Court, Madras. + 1 cc to Mr.M.Rajendiran, Advocate SR.22168 Crl.OP No.10382 of 2015 GR(CO) Eu 11.05.15 https://hcservices.ecourts.gov.in/hcservices/