Madras High CourtCRL OP(MD)/15277/2014disposed of

Mr.Maria Chellam v. Mrs.J.Mary Bernath

2015-07-02Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.15277 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 1.Maria Chellam 2.M.Lumin Mary 3.V.Shella 4.K.Ruby 5.J.Jeevi ... Petitioners 2 to 6/Respondents Vs.

J.mary Bernath ..

Respondent/Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the private complaint in D.V.O.P.No.7 of 2014 dated 16.06.2014 filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District and quash the same as illegal. For Petitioners : Mr.T.Lajapathi Roy

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the private complaint in D.V.O.P.No.7 of 2014 dated 16.06.2014 filed under Section 12 of Protection of Women from Domestic Violence Act, 2005 on the file of the learned Judicial Magistrate, Boothapandi, Kanyakumari District and quash the same as illegal.

2.Heard the learned Counsel for the petitioner. 3.After arguing for some time, the learned counsel for the petitioners submits that it would suffice, if the personal appearance of the petitioners before the trial Court is dispensed with.

4.In view of the same, this Criminal Original Petition is dismissed. Consequently, connected M.P.(MD) Nos.1 and 2 of 2014 are also closed. However, all the issues are left open to be raised before the Court below. Considering the submission made, personal appearance of the petitioners before the Court below is dispensed with until and unless the same is required. The learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate, Boothapandi, Kanyakumari District is also directed to dispose of the case in D.V.O.P.No.7 of 2014 within a period of six months from the date of receipt of a copy of this order. 7.With the above directions, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar ssl To 1.The Judicial Magistrate, Boothapandi, Kanyakumari District.

2.Do Through The Chief Judicial Magistrate, Kaniyakumari District. +1cc to Mr.T.Lajapathi Roy,Advocate in sr No.35918 Crl.O.P.(MD)No.15277 of 2014 and M.P.(MD)Nos.1 and 2 of 2014 02.07.2015 rg.21.07.2015 2p.3c.

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