Madras High CourtCRL OP(MD)/11180/2015ordered

M. Sakthivel v. S.Gunajeyanthi,

2017-11-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.11180 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 M.Sakthivel .. Petitioner Vs.

S.Gunajeyanthi .. Respondent PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the D.V.O.P.No.6 of 2013, on the file of the learned Judicial Magistrate No.III, Dindigul and quash the same in so far as the petitioner is concerned.

For Petitioner :

Mr.F.Deepak

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the D.V.O.P.No.6 of 2013, on the file of the learned Judicial Magistrate No.III, Dindigul and quash the same in so far as the petitioner is concerned.

2. Heard the learned Counsel for the petitioner.

3. The submission of the learned counsel for the petitioner is on facts. It is submitted that the respondent is a mentally retarted person. This is a factual allegation, which has to be looked into by the trial Court. The proceedings itself is summary in nature and it is pending for two years. Hence, this petition is dismissed. However, taking into consideration that the D.V.O.P.No.6 of 2013 is pending for two years, the learned Judicial Magistrate, Dindigul is directed to dispose of the same within a period of six months from the date of https://hcservices.ecourts.gov.in/hcservices/ receipt of a copy of this order. The appearance of the petitioner

before the trial Court is dispensed with until and unless the same is required by the trial Court. Consequently, connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.III, Dindigul.

2. - Do- Thro' The Chief Judicial Magistrate, Dindigul.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.F.Deepak, Advocate Sr.No.32130 rj2 akm/29.06.15 /2p-5c/ Crl.O.P(MD)No.11180 of 2015 https://hcservices.ecourts.gov.in/hcservices/