Madras High CourtCRL OP/3358/2015disposed of

Mrs.Abirami v. Mr.B.Prakash

2017-06-19Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.O.P.No.3358 of 2015, Tr.C.M.P.Nos.338 and 339 of 2017 and M.P.No.1 of 2015, C.M.P.Nos.6658 and 6659 of 2017 Crl.O.P.No.3358 of 2015 Abirami W/o.B.Prakash .. Petitioner vs.

1.B.Prakash S/o.R.Bharathan 2.R.Bharathan S/o.Raman 3.B.Rajeswari W/o.R.Bharathan .. Respondents Criminal Original Petition filed u/s.407 of the Code of the Criminal Procedure praying to transfer the proceedings in M.C.No.18 of 2014 on the file of learned District Munsif cum Judicial Magistrate, Neyveli, to the file of Family Court, Vellore, for enquiry and disposal together with H.M.O.P.No.49 of 2014 and H.M.O.P.No.54 of 2014.

For Petitioner : Mr.C.Nithysh Sekhar For Respondents : Mr.J.A.S.Sathis Kumar Tr.C.M.P.Nos.338 and 339 of 2017 B.Prakash S/o.R.Bharathan .. Petitioner in both petitions vs.

Abirami W/o.B.Prakash .. Respondent in both petitions Transfer Civil Miscellaneous Petitions filed u/s.24 of the Code of the Criminal Procedure praying to withdraw the petition in H.M.O.P.Nos.222 and 223 of 2016 on the file of Family Court, Vellore and transfer the same to any other District in Tamil Nadu.

For Petitioner : Mr.R.Selvakumar For Respondent : Mr.C.Nithysh Sekhar ***** C O M M O N O R D E R Crl.O.P.No.3358 of 2015 seeks transfer of proceedings in M.C.No.18 of 2014 on the file of learned District Munsif cum Judicial Magistrate, Neyveli, to the file of Family Court, Vellore, to be tried along with H.M.O.P.No.49 of 2014 and H.M.O.P.No.54 of 2014.

2. Tr.C.M.P.Nos.338 and 339 of 2017 seek transfer of H.M.O.P.Nos.222 and 223 of 2016 on the file of Family Court, Vellore, to the file of any other Court.

3. Heard learned counsel for petitioners and learned counsel for respondents.

4. All three matters relate to issues between the same parties. Learned counsel on either side inform that the parties have no objection to transfer of all matters to one and the same Court viz., Sub-Court, Arakkonam, to be tried together.

5. In the circumstances, this Court directs transfer of M.C.No.18 of 2014 on the file of learned District Munsif cum Judicial Magistrate, Neyveli, and H.M.O.P.Nos.222 and 223 of 2016 on the file of Family Court, Vellore, to the file of SubCourt, Arakkonam, to be tried together. Court below is directed to dispose of all matters within a period of two months of receipt of this order. This order for expeditious disposal should be complied with strictly. Court below is directed to file a report regards compliance and address the same to the Registrar (Judicial) of this Court.

These petitions are disposed of with the above direction. Connected miscellaneous petitions are closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar gm To 1.The District Munsif cum Judicial Magistrate, Neyveli.

2.The Family Court, Vellore.

3.The SubCourt,Arakkonam 4.The Registrar(Judicial),High Court, Madras 5.The Section Officer, Criminal Section, Madras +2cc to M/s.R.Selvakumar,Advocate sr.42954,42953 +1cc to M/s.J.A.Sathish Kumar,Advocate sr.42952 +2ccs to M/s.C.Nithysh sekhar Advocate sr 43132 dt 07/08 Crl.O.P.No.3358 of 2015, Tr.C.M.P.Nos.338 and 339 of 2017 cp(co) ss(6/7/2017)