M.Thanigaivel v. R.Priyanka

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2019

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.5912 of 2015 and MP Nos.1 & 2 of 2015 1.M.Thanigaivel 2.V.Murugan 3.Mrs.M.Malliga ... Petitioners Vs.

Mrs.R.Priyanka ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in MC.No.2/2015, on the file of the Judicial MagistrateIII, Vellore Civil Judge, and to quash the same. For Petitioners : Mr.G.Jayachandran

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings initiated by the respondent under the D.V.Act.

2.This petition was filed in the year 2015, and this petition was not even admitted and it was kept pending for the last four years even without ordering notice to the respondent.

3.The learned counsel for the petitioners submitted that the case is now at the stage of trial. 4.This Court is not inclined to interfere with the proceedings at this stage. It is left open to the petitioners to raise all grounds before the Court below and the Court below shall be consider the same on its own merits and in accordance with law.

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5. On considering the age of the 2nd and 3rd petitioner , their presence is dispensed with and they shall be represented by a counsel.

6. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in M.C.No.2 of 2015 and submit a report before this Court after the competition of proceedings. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar KP To The Judicial Magistrate-III, Vellore Crl.O.P.No.5912 of 2015 spd (CO) A.SK(22/08/2019) https://hcservices.ecourts.gov.in/hcservices/