Madras High CourtCRL OP/5173/2023disposed of

Jayalakshmi v. C.Srinivasan

2023-03-07Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN 1.Jayalakshmi 2.Manikandan, (Minor) represented by Jayalakshmi ... Petitioners Vs.

C.Srinivasan ... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to issue direction to the District Munsif cum Judicial Magistrate, Ranipet to take the M.C.No.6 of 2014 on its file within the period as fixed by this Court. For Petitioner : Ms.M.Prabavathi For Respondent : No appearance

ORDER

This Criminal Original Petition has been filed to issue direction to the District Munsif cum Judicial Magistrate, Ranipet to take the M.C.No.6 of 2014 on its file within the period as fixed by this Court. 1/4

2. Learned counsel for the petitioner submitted that, there was a exparte order passed in M.C.No.6 of 2014. Against the said order, respondent filed C.M.P.No.703 of 2019 for setting aside the exparte order. District Munsif Court, Ranipet, Vellore passed a conditional Order directing the respondent to pay a sum of Rs.48,000/- on or before 26.11.2018, failing which it was ordered that C.M.P.No.703 of 2018 will be dismissed.

3. Challenging the said order, respondent filed Crl.R.C.No.03 of 2019. This petition was disposed of, on 03.03.2021, whereby C.M.P.No.703 of 2018 was allowed and direction was given to the learned Judicial Magistrate, Ranipet, Vellore to dispose the M.C.No.6 of 2014 within a period of three months. Thereafter, there is no progress in this case, necessitating filing of this petition. Despite specific direction given by the learned II Additional District and Sessions Judge, Ranipet, Vellore to dispose M.C.No.6 of 2014 within a period of three months, it is not disposed.

4. Considered the submissions and perused the records. 2/4

5. It is seen that, despite direction was given to the learned Judicial Magistrate, Ranipet, Vellore to dispose the M.C.No.6 of 2014 within a period of three months, there is no progress. Therefore, this Court directs the learned District Munsif cum Judicial Magistrate, Ranipet to dispose M.C.No.6 of 2014 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this Order and to send compliance report to this Court.

6. With the above directions, this Criminal Original Petition is disposed of.

07.03.2023 Internet : Yes / No Index : Yes / No Speaking/Non speaking order gd To The District Munsif cum Judicial Magistrate, Ranipet.

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G.CHANDRASEKHARAN,J.

gd 07.03.2023 4/4