Gopal v. Malliga

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.5554 of 2016 and CRL.M.P.No.2855 of 2016 Gopal

...Petitioner

Vs.

1. Malliga

2. Minor Thirumal (Minor 2nd respondent rep. by natural guardian mother 1st respondent)

...Respondents

PRAYER: Criminal Original Petition filed under Section 407 of Criminal Procedure Code, to withdraw the M.C.No.5 of 2011 pending on the file of the Chief Judicial Magistrate Court, Perambalur and transfer the same to the Judicial Magistrate Court, Tittakudi, Cuddalore District for enquiry and disposal in accordance with law.

For Petitioner : Mr.P.Mani

ORDER

This Criminal Original Petition has been filed to withdraw the M.C.No.5 of 2011 pending on the file of the Chief Judicial Magistrate Court, Perambalur and transfer the same to the Judicial Magistrate Court, Tittakudi, Cuddalore District.

2. The respondent wife has filed a petition before the Court below seeking for maintenance against the petitioner.

3. The M.C.No.5 of 2011 was filed in the year 2011 and this transfer petition has been filed in the year 2016. There are absolutely no grounds made out to transfer the proceedings and at this length of time, no such transfer can be ordered by this Court.

https://hcservices.ecourts.gov.in/hcservices/

4. In the result, this Criminal Original Petition is dismissed and the Court below shall complete the proceedings in M.C.No.5 of 2011 within a period of two months from the date of receipt of a copy of this order, if it has already not been disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar raja/jas To

1. The Chief Judicial Magistrate Court, Perambalur.

2. The Judicial Magistrate Court, Tittakudi, Cuddalore District.

CRL.O.P.No.5554 of 2016 and CRL.M.P.No.2855 of 2016 rk(co) nr 07/01/2019 https://hcservices.ecourts.gov.in/hcservices/