Madras High CourtCRL OP(MD)/16847/2015disposed of

Hasina Banu v. B. Sharzoo Khan

2015-10-07Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2015

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.16847 of 2015 1.Hasina Banu 2.Minor.Beebi John @ Senas Sameera : Petitioners (Rep.by the petitioner No.1 her naturaal guardian and mother) Vs.

B.Sharzoo Khan : Respondent PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to direct the learned Additional Chief Judicial Magistrate, Madurai to pass appropriate order in Cr.M.P.No.515 of 2014 in M.C.No.11 of 2010 pending on the file of the learned Additional Chief Judicial Magistrate, Madurai within a time framed fixed by this Court. For Petitioners : Mr.S.M.A.Jinnah For Respondent : Mr.A.Jayaramachandran

O R D E R

The petitioners have come forward with this application seeking a direction to direct the learned Additional Chief Judicial Magistrate, Madurai to pass appropriate order in Cr.M.P.No.515 of 2014 in M.C.No.11 of 2010 pending on the file of the learned Additional Chief Judicial Magistrate, Madurai within the time framed fixed by this Court. 2.Heard the learned counsel for the petitioners and the learned counsel appearing for the respondent.

3.According to the petitioners, already they have filed maintenance case in M.C.No.11 of 2010 before the Chief Judicial Magistrate, Madurai and the same was ordered on 18.02.2014 and as per the order, the respondent was directed to pay a sum of Rs.5,000/- to each petitioner and totally a sum of Rs.10,000/- per month, but the amount has not been paid and hence, they filed an application under Sections 125(3) and 128 Cr.P.C., before the Additional Chief Judicial Magistrate, Madurai to pay the arrears of maintenance and the same was pending for the past one year. Therefore, the present petition has been filed. 4.The learned counsel for the respondent has no objection for early disposal.

5.Considering the above said submissions, the learned Additional Chief Judicial Magistrate, Madurai is directed to pass appropriate orders in Cr.M.P.No.515 of 2014 in M.C.No.11 of 2010 on merit and in accordance with law, within a period of one month from the date of receipt of a copy of this order.

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With the above direction, this criminal original petition is disposed of.

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

1. The Additional Chief Judicial Magistrate, Madurai.

2. The Chief Judicial Magistrate, Madurai.

+1cc to M/s.S.M.A.Jinna, Advocate in SR.No.59402 CRL.O.P.(MD).No.16847 of 2015 Dated:- 07.10.2015 NS PBK/NGM-SS/SAR-II 08/10/2015 ::2P-4C:: (IT) https://hcservices.ecourts.gov.in/hcservices/