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Madras High CourtCRL OP(MD)/817/2020dismissed

Murugesan v. Revathi @ Periyanayagi

2022-03-24Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.817 of 2020 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 24.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.817 of 2020 and Crl.M.P(MD)Nos.346 & 347 of 2020 Murugesan ... Petitioner/Respondent Vs.

Revathi @ Periyanayagi ... Respondent/Petitioner Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to withdraw the case in M.C.No.125 of 2019 on the file of the Family Court, Tiruchirappalli and transfer the same to the learned Judicial Magistrate, Pattukkottai.

For Petitioner : Mr.B.Anandan For Respondent : Ms.Revathi @ Periyanayagi (Party-in-person)

ORDER

This Criminal Original Petition has been filed for transfer of the case in M.C.No.152 of 2019 from the file of the Family Court, Tiruchirappalli to the file of the learned Judicial Magistrate, Pattukottai.

2.The only contention raised by the petitioner is that on his complaint, a case has been registered against the respondent in Crime No.105 of 2019 for the offences under Sections 294(b), 324 and 506(ii) of I.P.C. After completion of investigation, the concerned police filed a final report and the same has been taken cognizance in C.C.No.274 of 2018 on the file of the learned Judicial Magistrate, Pattukkottai, in which, the respondent is arraigned as an accused. In the mean time, the respondent filed a maintenance case in M.C.No.125 of 2019 on the file of the Family Court, Tiruchirappalli. Seeking transfer of the maintenance case from the file of the Family Court, Tiruchirappalli to the file of the learned Judicial Magistrate, Pattukottai, this petition has been filed. 3.

Today, the respondent appeared before this Court in person and represented that she finds it difficult to go to Pattukkottai to attend the case, if the maintenance case in M.C.No.125 of 2019 filed by her is transferred to the file of the vccclearned Judicial Magistrate, Pattukkottai. The respondent also further stated that now she is staying with her parents at Tiruchirappalli. https://hcservices.ecourts.gov.

Crl.O.P.(MD)No.817 of 2020 4.In view of the above, this Court finds no merits in the Criminal Original Petition and accordingly, the same is dismissed. The trial Court is directed to dispose of the case in M.C.No.125 of 209 within a period of six months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judge,Family Court, Tiruchirappalli.

2.The Judicial Magistrate, Pattukottai.

Crl.O.P(MD)No.817 of 2020 24.03.2022 RD(01.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2