S.Nedunchezian v. N.Logeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL MISCELLANEOUS PETITION No.3230 of 2019 IN CRL.OP.NO.5668 OF 2019 1 S.NEDUNCHEZIAN [ PETITIONERS ] 2 BHAGYAVATHY Vs N.LOGESWARI [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Original Petition Number 5668/2019 on the file of the High Court, the High Court will be pleased to dispense with the personal appearance of the petitioners in D.V.No.119/2018 pending on the file of the Honourable Additional Mahila Court, Egmore, Chennai, pending disposal of the Criminal Original Petition.[CRL.MP.NO.3230/2019] Order : This petition coming on for orders upon perusing the petition and Memorandum of Grounds in Crl.OP.NO.5668/2019 On the file of the High Court and upon hearing the arguments of M/S.ADINARAYANA RAO Advocate for the petitioner, the court made the following order:- Notice of motion returnable by 08.04.2019. Private Notice is also permitted.

2.The learned counsel for the petitioners is permitted to inform the learned counsel who appears for the respondent in the trial Court, about the pendency of this quash petition, so that she can make arrangements to enter appearance before this Court. 3.The first petitioner is the husband of the respondent and the 2nd petitioner is the mother-in-law of the respondent. Therefore, the presence of the 2nd petitioner is dispensed with pending disposal of Criminal Original Petition, on condition that, they shall ensure that the first petitioner/husband of the respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month to the credit of D.V.C.No.119 of 2018 on the file of the learned Additional Mahila Court, Egmore, as ad-interim maintenance, without prejudice to both the parties. On such deposit being made, the respondent is entitled to withdraw the same. For the month of March, 2019, the said sum of Rs.5,000/- shall be deposited on or before 08.03.2019.

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4.It is made clear that with regard to the 1st petitioner the quash petition stands dismissed. The learned Additional Mahila Court, Egmore is directed to proceed with the trial in D.V.C.No.119 of 2018 in respect of the first petitioner/husband of the respondent alone.

5.Post the matter on 08.04.2019.

-sd/- 05/03/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE ADDITIONAL MAHILA COURT EGMORE +1 C.C. to M/S.ADINARAYANA RAO Advocate on payment of necessary charges SR.NO. 4772 Order in CRL MP.3230/2019 IN CRL.OP.NO.5668 OF 2019 Date :05/03/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 08/03/2019 https://hcservices.ecourts.gov.in/hcservices/