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Madras High CourtCRL OP(MD)/11599/2015dismissed

Tmt.Diana@Mary Diana Banu v. Tmt.Mary Asha

2015-06-25Honourable Mr Justice M.M.Sundresh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.11599 of 2015 and M.P.(MD).No.1 of 2015 1.Tmt.Diana @ Mary Diana Banu 2.Tmt.Rani ... Petitioners/Respondents 5 & 6 vs.

Tmt.Mary Asha ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crl.M.P.No.8462 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai and quash the same.

For Petitioner : Mr.S.Sureshkumar

ORDER

This Criminal Original Petition has been filed to quash the case in Crl.M.P.No.8462 of 2014 on the file of the Judicial Magistrate No.I, Kuzhithurai.

2.Heard the learned Counsel appearing for the petitioners. 3.The only point raised by the learned counsel for the petitioners is that the petitioners are not at all necessary party in the proceedings. 4.This Court is afraid to quash the proceedings as prayed for. The petitioners sought for the relief only against the respondent/de-facto complainant. The proceedings are summery in nature mean to give relief to the victim. Therefore, this petition stands dismissed. Consequently, the connected miscellaneous petition is closed. However, all the issues are left open to be raised before the Court below. Considering the submission made, this Court directs the learned Judicial Magistrate No.I, Kuzhithurai to dispose of the case in Crl.M.P.No.8462 of 2014 within a period of six months from the date of receipt of a copy of this order. The personal appearance of the petitioners is dispensed with before the trial Court, unless and until it is specifically required by the said Court.

Sd/- The Assistant Registrar(Per.Admn) /True copy/ Sub-Assistant Registrar To The Judicial Magistrate No.I, Kuzhithurai.

+1cc to Mr.S.Krishnamoorthy, Advocate SR.NO.34312 Ns Sm:AMF:15.07.2015:1P/3C Crl.O.P(MD)No.11599 of 2015 and M.P.(MD). No.1 of 2015 25.06.2015 https://hcservices.ecourts.gov.in/hcservices/