R.Habiba v. Abid Sarfaraz Baig

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.19840 of 2016 R. Habiba ... Petitioner Vs.

1.Abid Sarfaraz Baig 2.Tasneem Baig 3.Hussain Baig ... Respondents Criminal Original Petition filed under Section 482, Cr.P.C. seeking to issue directions to the Hon'ble Judicial Magistrate to expedite the proceedings in the Domestic Violence Act Petition vide D.V. No.4 of 2016 filed by the petitioner and directing to dispose the same within a stipulated time. For petitioner : M/s. M.Ravi and R.Rayeesa Fathima

ORDER

This Criminal Original Petition has been filed seeking to issue directions to the District Munsif-cum-Judicial Magistrate, Ranipet, to expedite the proceedings in the Domestic Violence Act Petition vide D.V. No.4 of 2016 filed by the petitioner and directing to dispose the same within a stipulated time. 2.

It is seen that the petitioner has launched proceedings in D.V. No.4 of 2016 against the respondents before the District Munsif-cum-Judicial Magistrate, Ranipet, under the Domestic Violence Act.

3.

Now, the petitioner has filed the present petition for a direction to the District Munsif-cum-Judicial Magistrate, Ranipet, to expeditiously conduct enquiry in D.V. No.4 of 2016. 4.

The learned counsel for the petitioner submitted that in C.M.P. No.1060 of 2016 in D.V. No.4 of 2016, the District Munsif-cum-Judicial Magistrate, Ranipet, has even passed interim orders for maintenance which are not being complied with by the opposite party.

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5.

This Court is aware that the District Munsif-cumJudicial Magistrate, Ranipet, is overburdened with both civil and criminal work and this Court cannot issue a direction to the District Munsif-cum-Judicial Magistrate, Ranipet, to complete the enquiry in a time bound manner. However, the District Munsif-cum-Judicial Magistrate, Ranipet, is directed to expeditiously conduct enquiry in D.V. No.4 of 2016, in accordance with law.

With the above direction, this Criminal Original Petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cad To 1.The District Munsif-cum-Judicial Magistrate Ranipet.

2.Do- Through The Chief Judicial Magistrate, Vellore.

3.The Public Prosecutor Madras High Court, Chennai 600 104.

+1cc to Mr.R.Rayeesa Fathima, Advocate, S.R.No.50177 Crl.O.P. No.19840 of 2016 KSJ(CO) CA(19/09/2016) https://hcservices.ecourts.gov.in/hcservices/