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Madras High CourtCRL OP/16403/2019disposed of

Pranesh v. S.Priyanka

2019-06-25Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16403 of 2019 and Crl.MP.No.8230 of 2019 Mr.Pranesh

...Petitioner

-VsMrs.S.Priyanka ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to modify the condition imposed on 24.04.2019 by this Court in Crl.OP No.7179 of 2019 and to permit the petitioner to represent him through his counsel before the learned Judicial Magistrate No.VI, Coimbatore in D.V.A.No.21 of 2019 to conduct the case in accordance with law. For Petitioner : Mr.G.Ravikumar

ORDER

This petition has been filed seeking for modification of the condition imposed by this Court in Crl.OP No.7179 of 2019. 2.

This Court was considering the petition seeking to quash the proceedings in D.V.A.No.21 of 2019. The petition was filed by the in-laws of the respondent. This Court by an order dated 24.04.2019, quashed the proceedings insofar the in-laws are concerned and directed the proceedings to continue insofar as the husband. While passing the order, this Court directed the husband to appear before the Trial Court during the hearing date.

3.

The learned counsel for the petitioner submitted that the petitioner was set ex-parte on 16.05.2019, since he did not appear before the Court below. The learned counsel appearing for the petitioner further submitted that the petitioner is working at Germany and he is not in a position to attend during every hearing date. The learned counsel further submitted that the petitioner will attend during all the important hearings, as and when required by the Court and the petitioner must be permitted to be represented by a counsel before the Court below. The learned counsel further submitted that the petitioner will cooperate for the earlier disposal of the Domestic Violence Petition.

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4.

Taking into consideration the facts and circumstances of the case, the condition imposed by this Court is modified to the effect that the petitioner shall be represented by a Counsel before the Court below. The petitioner shall be present before the Court below during important dates of hearing, as and when required by the Court below and in all the other hearings, the counsel shall be permitted to represent the petitioner. The Court below shall take into consideration the present order and shall permit the petitioner to contest the petition on merits. 5.

This Criminal Original petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rka/msrm To Judicial Magistrate No.VI, Coimbatore.

+1cc to Mr.G.Ravikumar, Advocate, S.R.No.52062 Crl.O.P.No.16403 of 2019 PM(CO) RRS(26/06/2019) https://hcservices.ecourts.gov.in/hcservices/