Madras High CourtCRL OP/1813/2016ordered

Srijothi v. K.Moorthy

2016-01-28Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.1813 of 2016 Srijothi ... Petitioner Vs K.Moorthy ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction to the learned Judicial Magistrate, Madurantakam, to dispose of the maintenance case filed by the petitioner in M.C.No.9 of 2010 within the time frame to be stipulated by this Court.

For Petitioner :

Mr.K.Thilagaraj

ORDER

The present criminal original petition has been filed seeking a direction to the learned Judicial Magistrate, Madurantakam, to dispose of the maintenance case filed by the petitioner in M.C.No.9 of 2010 within the time frame to be stipulated by this Court.

2. It is the case of the petitioner that she has filed a maintenance case as against the respondent herein under Section 125 Cr.P.C in M.C.No.9 of 2010 before the learned Judicial Magistrate, Madurantakam, seeking a sum of Rs.18,000/- per month as maintenance. Since the respondent is dragging on the proceedings by saying one reason or the other, till date, the said case has not been disposed of and the same is pending for the past five years. Hence, she has filed the present petition seeking a direction to the learned Judicial Magistrate, Madurantakam, to dispose of the maintenance case filed by the petitioner in M.C.No.9 of 2010 within the time frame to be stipulated by this Court.

3. Heard the learned counsel appearing for the petitioner. In view of the limited order going to be passed https://hcservices.ecourts.gov.in/hcservices/

hereunder, this Court is of the opinion that there is no need to issue notice to the respondent.

4. Considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Madurantakam, to dispose of the maintenance case filed by the petitioner in M.C.No.9 of 2010 as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order. The criminal original petition is ordered accordingly.

-s/dAssistant Registrar(CSII) True Copy Sub-Assistant Registrar sbi To 1.The Judicial Magistrate, Madurantagam.

2.-do- Thro The Chief Judicial Magistrate, Kancheepuram +1 cc to Mr.K.Thilagaraj Advocate vide sr.5212 Crl.O.P.No.1813 of 2016 skv(co) aa02/02/2016 https://hcservices.ecourts.gov.in/hcservices/