P.Anitha Devi v. Suresh Pandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3495 of 2022 P.Anitha Devi, D/o.Paul Rajhun ... Petitioner Vs.

1.Suresh Pandian, S/o Late Rajasekar 2.Malliga Rajasekar, W/o Late Rajasekar 3.Saravanan, S/o.Late Rajasekar 4.Anandi, W/o.Chidambara Rajan 5.Vani Nagalingam, D/o.Nagalingam (Respondents 2 to 5 are not necessary parties to this case as they are not appearing before the Trial Court. Hence the petitioner not pressed these respondents) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to pass an order for speedy trial in D.V.C.No.12 of 2017 pending before the Additional Mahila Court, Alandur within time frame fixed by this Court.

For Petitioner : Ms.G.Arul Selvi For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, to pass an order for speedy trial in D.V.C.No.12 of 2017 pending before the Additional Mahila Court, Alandur within time frame fixed by this Court.

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2. The learned counsel appearing for the petitioner would submit that though the petition has been filed as early as on 05.07.2017, the matter has been repeatedly adjourned by the learned Judicial Magistrate, Additional Mahila Court, Alandur at the behest of the respondents. She would further submit that as per Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the learned Judicial Magistrate shall endeavour to dispose of every application made under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005, within a period of 60 days from the date of its first hearing. She would further submit that the petitioner has also filed a miscellaneous petition for interim maintenance in C.M.P.No.3278 of 2019 and it is pending disposal of the DVC petition.

3. In view of the above, this Court directs the learned Judicial Magistrate, Additional Mahila Court, Alandur to take every endeavour to dispose of the DVC petition as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order, in accordance with law, as per Section 12(5) of the Protection of Women from Domestic Violence Act, 2005.

4. With the above direction and observation, this Criminal Original Petition stands ordered.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar shk/arb To

1. The Judicial Magistrate, Additional Mahila Court, Alandur.

2. The Public Prosecutor, High Court of Madras.

+2cc to Mr.T.Karuna karan, Advocate, S.R.No.10119 Crl.O.P.No.3495 of 2022 gpl(CO) CT 11/03/2022 https://hcservices.ecourts.gov.in/hcservices/