Brahadeeswaran Kanesan, v. R.Usha, 4/26, Ganesh Avenue

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2018

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.4632 of 2014 and M.P.Nos.1 and 2 of 2014 Brahadeeswaran Kanesan

...Petitioner/Respondent

-Vs1.R.Usha 2.B.Rohan(Aged 4 years) ... Respondents/Petitioners R2 minor represented by mother R1) Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to withdraw and transfer the case in M.C.No.7 of 2013, on the file of Judicial Magistrate No.I, Poonamallee to Jurisdictional Magistrate Court at Pudukottai.

For Petitioner : Mr.R.Lakshmi Narasimhan

ORDER

This Criminal Original Petition has been filed seeking for transfer of the case in M.C.No.7 of 2013, pending on the file of Judicial Magistrate No.I, Poonamallee. 2.The petitioner is the husband. The wife and the minor child have filed a petition seeking for maintenance before the Court and petition has been filed seeking for transfer of the proceedings on the ground that there is no cause of action of the Court below to try the case.

3. This Court cannot entertain the petition of this nature at this stage. It is almost five years since M.C. was filed by the respondent wife. That apart no stay was granted by this Court even at the time of admission.

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4. In the result, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsa/LPP To 1.The Judicial Magistrate - I, Poonamallee.

2.do Thro The Judicial Magistrate, Pudukkottai Crl.O.P.No.4632 of 2014 and M.P.Nos.1 and 2 of 2014 kj(co) nr 03/01/2019 https://hcservices.ecourts.gov.in/hcservices/