Dr.P.Ramkumar v. J.Hemabala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.8436 of 2016 Dr.P.Ramkumar ... Petitioner/Accused Vs.

J.Hemabala ... Respondent/Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the speedy trial of M.C.9/2013 on the file of the Hon'ble IX Metropolitan Magistrate, Saidapet without any further delay and the conclusion of the proceedings within a maximum period of 60 days as mandated by the laws and the Appellate Court. For Petitioner : M/s.Rohini Ravikumar

ORDER

The petitioner has come forward with this petition seeking to direct the speedy trial of M.C.No.9 of 2013 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai within a period of 60 days as mandated by the laws and the Appellate Court.

2.Heard the learned counsel appearing for the petitioner. Considering the limited relief sought for in this petition, notice to the respondent is dispensed with.

3.The learned counsel appearing for the petitioner would submit that the petitioner is the respondent in M.C.No.9 of 2013 and would further submit that the wife/ respondent herein filed application for maintenance in M.C.No.1709 of 2013, in which interim maintenance of Rs.20,000/- has been awarded against which the petitioner preferred Crl.A.No.212 of 2013 and it was dismissed as not pressed on 08.10.2015 and a direction was also given to the Trial Court to dispose of the M.C.No.9 of 2013 within a period of three months. But the Trial Court has not disposed of the same. Hence, the petitioner has come forward with this petition.

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4.Considering the submissions made by the learned counsel appearing for the petitioner, since interim maintenance has already been awarded, the petitioner is directed to pay the entire interim maintenance amount to the respondent/ wife on or before 16.05.2016 and on payment of the entire interim maintenance on or before 16.05.2016, the learned IX Metropolitan Magistrate, Saidapet, Chennai is directed to dispose of the M.C.No.9 of 2013 within a period of 45 days from the date of payment of the entire interim maintenance amount to the wife/ respondent herein.

5.This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar pri To

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. Do- Through The Chief Metropolitan Magistrate, Chennai.

3. The Public Prosecutor High Court, Madras.

Crl.O.P.No.8436 of 2016 RSY(CO) CA(09/05/2016) https://hcservices.ecourts.gov.in/hcservices/