Madras High CourtCRL OP(MD)/1384/2023disposed of

S.Kumar v. Selvaveni

2023-01-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.S.Kumar 2.K.AthiGugan minor child represented through 1st petitioner 3.K.AthiSuthan minor child represented through 1st petitioner ... Petitioners Vs.

Selvaveni ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District in M.C.No.1 of 2022 and dispose the case within a time frame fixed by this Court.

For Petitioners : Mr.R.Karunanidhi 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the learned Judicial Magistrate Court, Nanguneri, Tirunelveli District in M.C.No.1 of 2022 and dispose of the case within a time frame fixed by this Court.

2. Since the petition is filed for early disposal of the case, issuance of notice to the respondent is not necessary.

3. Heard the learned counsel appearing for the petitioners.

4. It is evident from the records that the first petitioner has filed a petition under Section 125 Cr.P.C. claiming maintenance in M.C.No.1 of 2022 on the file of the learned Judicial Magistrate, Nanguneri, Tirunelveli District.

5. The main contention of the petitioner is that the case is pending without any progress. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases 2/4

relating to the Senior Citizens, HIV affected persons, Defence personnel, women and children etc., The petitioner without approaching the trial Court has directly approached this Court. In the absence of total pending particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within the specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The petitioners are at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

7. With the above observation and direction, this Criminal Original Petition stands disposed of.

25.01.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Judicial Magistrate, Nanguneri, Tirunelveli District.

Order made in Dated: 25.01.2023 4/4