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Madras High CourtCRL OP(MD)/2884/2025disposed of

Saravanan v. Ramya

2025-02-17Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Saravanan ... Petitioner Vs.

1. Ramya

2. Minor. Pragathi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the learned Judicial Magistrate, Thuraiyur to expedite the trial in M.C.No. 29 of 2021 within a time frame fixed by this Honble court. For Petitioner : Mr.S.Suresh Makickam For R-1 & R-2 : No Appearance

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the learned Judicial Magistrate, Thuraiyur to expedite the trial in M.C.No.29 of 2021 within the time fixed by this Court. 1/4

2. According to the petitioner, he is the respondent in M.C.No.29 of 2021 and husband of the first responded and father of the second respondent. The respondents have filed a petition seeking maintenance from the petitioner and they failed to appear before the trial Court to conduct the trial. Already H.M.O.P.No.85 of 20196 was filed before the Sub Court, Thuraiyur and the marriage was dissolved by a decree. However, the maintenance petition is still pending without any progress. Therefore, he seeks direction to dispose the petition within a stipulated time.

3. Considering the limited scope of the prayer sought for in this petition, this Court is inclined to pass order even without issuing notice to the respondents.

4. Since the prayer of the petitioner is to dispose the case within a stipulated time and the case is also pending from the year 2021, and the petition is filed under Section 125 of Criminal Procedure Code, this Court directs the Judicial Magistrate, Thuraiyur to expedite the trial in M.C.No.29 of 2021 and dispose the same within three months from the date of receipt of a copy of this Order.

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5. With the above said direction, this criminal original petition is disposed of. No costs.

17.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac 3/4

P. DHANABAL , J., mac To

1. The Judicial Magistrate Court, Thuraiyur.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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