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Madras High CourtCRL OP/23986/2015disposed of

Mr. Balarama Naidu v. Tmt. L. Priya

2015-10-12Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.23986 of 2015 and M.P.No.1 of 2015 1.Balarama Naidu 2.Rani 3.B.Sukanya .. Petitioners Vs L.Priya .. Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the learned Principal District and Sessions Judge, Thiruvallur to entertain the M.P.Sr.No.2978 of 2015 in C.A.No.65 of 2015.

For Petitioners : Mr.M.Baskaran

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Thiruvallur to entertain the M.P.Sr.No.2978 of 2015 in C.A.No.65 of 2015.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents.

3. It is seen that, these petitioners had filed Criminal Appeal No.65 of 2015 under the Domestic Violence Act and they have also filed a petition for stay. The stay petition has been returned on the following grounds :

1. How this petition is maintainable in this stage?

2. Provisions of law to be given.

3. Notice to otherside to be given.

4. New docket sheet to be enclosed.

4. Challenging the return, the petitioners are before this Court. Normally, this Court will not interfere in such quasijudicial orders, that are passed by the Courts below. It is open to the petitioners to re-present the petition, giving reasons as to how the petition is maintainable. If thereafter, a judicial order is passed, it is always open to the petitioners https://hcservices.ecourts.gov.in/hcservices/

to approach this Court. Hence, the petitioners are directed to re-present the petition in M.P.Sr.No.2978 of 2015 in C.A.No.65 of 2015 within two weeks from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is closed.

ds s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To The Principal District and Sessions Judge, Thiruvallur.

+ 1 cc to Mr.M.Baskaran, Advocate SR 55656 ctk(co) prk27/10 Crl.OP No.23986 of 2015 https://hcservices.ecourts.gov.in/hcservices/