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Madras High CourtCRL OP/28816/2022disposed of

P.Muthusaranya v. V.Arshith

2022-11-24Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA Mrs.P.Muthusaranya ... Petitioner Vs.

1.Mr.V.Arshith 2.Mrs.V.Vijeyanthaa ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the Trial Court for speedy disposal of the petition in D.V.C.No.42 of 2021, pending on the file of the learned Judicial Magistrate No.I, at Tambaram on or before a day to be fixed by this Court. For Petitioner : Mr.R.Aranganathan

O R D E R

This Criminal Original Petition has been filed to direct the Trial Court for speedy disposal of the petition in D.V.C.No.42 of 2021, pending on the file of the learned Judicial Magistrate No.I, at Tambaram on or before a day to be fixed by this Court.

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2. Heard the learned counsel for the petitioner.

3. The petitioner has filed a petition in D.V.C.No.42 of 2021 under Domestic Violence Act seeking residential order, prohibition order and other reliefs.

4. The learned counsel for the petitioner submitted that despite the petition has been filed as early as on 18.11.2021 and it is also mandated in the Special Act that the petition should be disposed with the prescribed time limit, so far no order has been passed.

5. On perusal of the Court proceedings, it is seen that right from 16.12.2021 the matter has been adjourned for atleast ten hearings for the purpose of filing counter. Since the object of the Domestic Violence Act itself is to consider the urgency of the situation and pass orders as early as possible.

6. The learned Judicial Magistrate - I, Tambaram, ought to have complied the said mandate of the provision in letter and spirit. In view of the 2/4

same, the learned Judicial Magistrate - I, is directed to consider the petition filed by the petitioner in D.V.C.No.42 of 2021, within a period of three weeks from the date of receipt of a copy of this order.

7. With the above observations, this Criminal Original Petition is disposed.

Index: Yes/No 24.11.2022 Speaking / Non Speaking Order gsk To 1.The Judicial Magistrate No.I, Tambaram.

2.The Public Prosecutor, High Court, Madras.

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R.N.MANJULA, J.

gsk 24.11.2022 4/4