Madras High CourtCRL OP/20756/2016disposed of

Kaliyamoorthi, Age 29 Years, v. The Sub - Registrar,

2016-12-19Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.20756 of 2016 Kaliyamoorthi [ Petitioner ] Vs The Sub-Registrar, Veppanthattai, Perambalur District.

[Respondent] Petition filed under Section 482 of the Criminal Procedure Code, to set aside the order dated 08.08.2016 passed in Ku.Pa.Ma.No.4547 of 2016 on the file of the Judicial Magistrate Court, Perambalur.

For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The petitioner filed an application under Section 13(3) of the Registration of Births and Deaths Act, 1969 on the file of the Judicial Magistrate Court, Perambalur to direct the respondent to register the date of birth of his daughter, namely Ramya as 15.07.1991. The said application was dismissed by the learned Judicial Magistrate, Perambalur, by order dated 08.08.2016 in Ku.Pa.Ma.No.4547 of 2016 on the ground that the petitioner had not given certain particulars. Hence the present Criminal Original Petition has been filed to set aside the said order.

2.Mr.C.Emalias, learned Additional Public Prosecutor, takes notice for the respondent.

3.Considering the facts and circumstances of the case, the impugned order is set aside and the matter is remanded back to the Judicial Magistrate, Perambalur for considering the case afresh. The petitioner is directed to specifically furnish the details related to the birth of his daughter, as required by the learned Judicial Magistrate, Perambalur along with his petition with required documents, within a period of two weeks from the https://hcservices.ecourts.gov.in/hcservices/

date of receipt of a copy of this order. On receipt of such documents along with the required details, the learned Judicial Magistrate, Perambalur shall consider the same and pass appropriate orders, within a period of four weeks thereafter. 4.The Criminal Original Petition is disposed of accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Sub-Registrar, Veppanthattai, Perambalur District.

2.The Public Prosecutor, Madras High Court, Chennai-600 104.

3. The Judicial Magistrate Perambalur +1 cc to M/s.R.Nalliyappan Advocate sr 73965 Crl.O.P.No.20756 of 2016 aa21/12/2016 https://hcservices.ecourts.gov.in/hcservices/