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Madras High CourtCRL MP/6072/2025allowed

D.Anitha v. D.Kesavan

2025-04-21Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.6072 of 2025 in Crl.O.P.No.30704 of 2024

1. D.Anitha

2. K.Shriya Kesavan ... Petitioners Vs.

1. D.Kesavan

2. K.Suganth Kesavan ... Respondents Prayer: Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S. to amend the order as "M.C.No.1 of 2025 on the file of the Judicial Magistrate Court No.2, Tambaram shall stand withdrawn instead of M.C.No.49 of 2023 on the file of Additional Mahila Court, Alandur, Magistrate Level. For Petitioners : M/s.S.Sridevei For Respondents : M/s.R.Sripriya 1/5

ORDER

This Criminal Miscellaneous Petition has been filed to amend the order as "M.C.No.1 of 2025 on the file of the Judicial Magistrate Court No.2, Tambaram instead of M.C.No.49 of 2023 on the file of Additional Mahila Court, Alandur, Magistrate Level.

2. The learned counsel for the petitioner submitted that this Court by order dated 27.01.2015, passed an order in Crl.O.P.No.30704 of 2024 to transfer the case in M.C.No.49 of 2023 from Alandur Mahila Court to the Judicial Magistrate No.1, Krishnagiri. Subsequently, on 31.01.2025, when he went to Alandur Mahila Court to produce the online order copy, he came to known that M.C.No.49 of 2023 was already transferred to Judicial Magistrate, Tambaram as per the order of the Chief Judicial Magistrate, Chengalpattu dated 20.01.2025. The said fact was brought to the knowledge of the petitioner only later point of time and now the matter is pending before the Judicial Magistrate No.2, Tambaram, in M.C.No.1 of 2025. 2/5

3. In view of the above, Registry is directed to amend the case number and the Court name as "M.C.No.1 of 2025, Judicial Magistrate Court No.2, Tambataram", instead of "M.C.No.49 of 2023, Additional Mahila Court, Alandur, (Magistrate Level)" wherever necessary in the order dated 27.01.2025 in Crl.O.P.No.30704 of 2024 and issue a fresh order copy.

4. Accordingly, this Criminal Miscellaneous Petition is allowed. 21.04.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Judicial Magistrate Court No.2, Tambaram

2. The Additional Mahila Court, Alandur, (Magistrate Level) 4/5

P.VELMURUGAN. J.

Ksa-2 Crl.M.P.No.6072 of 2025 in Crl.O.P.No.30704 of 2024 21.04.2025 5/5