Sujatha v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.11.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Sujatha ... Petitioner Vs.

1.State Rep.by The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

Pin Code-631 001 2.R.Anandan Sainan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the Judicial Magistrate at Arakkonam, Ranipet District to conduct joint trial in C.M.P.No.2683 of 2018 in M.C.No.3 of 2014 and D.V.C.No.4 of 2020 along with in C.C.No.31 of 2017 on the file of the Court at Arakkonam.

For Petitioner : Mr.Parigopal For R1 : Mr.S.Udaya Kumar Government Advocate (Criminal Side)

O R D E R

The petitioner herein seeks direction of this Court that her Maintenance Case in M.C.No.3 of 2014 and Domestic Violence case in 1/4

D.V.C.No.4 of 2020 both pending on the file of Judicial Magistrate, Arakkonam may be clubbed with C.C.No.31of 2017 together, which is pending on the same Court.

2.

The reason stated by the petitioner for such request is that the husband of the petitioner who is the accused appearing only in the Calender Case and service in the maintenance case and domestic violence case could not be affected, since he had furnished false address. 3.

For the said reason this Court cannot order for the joint trial though the case is between the same parties, but fall on different statute and different cause of action. If really the accused/respondent evading the service or appearance, the Judicial Magistrate shall take appropriate cognizance of the fact and ensure the participation of the accused in the maintenance case and domestic violence case. The request for joint trial as such does not sustainable. Hence this Criminal Original Petition is disposed of with the observation made above.

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To 1.The Judicial Magistrate, Arakkonam, Ranipet District 2.The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

Pin Code-631 001 3.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN, J.

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