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Madras High CourtCRL OP/21684/2019disposed of

M.Mayur Madanlal Gujarati v. Jarna

2019-08-09Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.08.2019

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.21684 of 2019 and Crl.M.P.Nos.11212 & 11213 of 2019 M.Mayur Madanlal Gujarati

...Petitioner

Vs.

Mrs.Jarna

...Respondent

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in M.C.No.43 of 2018, on the file of the Principal Family Judge, Coimbatore, quash the proceedings as against the petitioner.

For Petitioner : M/s.V.Rajamohan

ORDER

This petition has been filed seeking to call for the records in M.C.No.43 of 2018, on the file of the Principal Family Judge, Coimbatore, quash the proceedings as against the petitioner.

2. The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. The Court below shall take into account, the fact that the petitioner is already depositing a sum of Rs.5,000/-, every month as maintenance pursuant to the directions given by this Court in Crl.O.P.No.15341 of 2018.

4. Accordingly, this Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in M.C.No.43 of 2018, on the file of the Principal https://hcservices.ecourts.gov.in/hcservices/

Family Judge, Coimbatore within a period of three months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-) //True Copy// Sub Assistant Registrar ub To 1.The Principal Family Judge, Coimbatore.

2.The Public Prosecutor High Court of Madras.

+1cc to Mr.N.Mohaideen Basha Advocate, S.R.No.68821 KS(CO) CB(25/09/2019) Crl.O.P.No.21684 of 2019 and Crl.M.P.Nos.11212 & 11213 of 2019 https://hcservices.ecourts.gov.in/hcservices/