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Madras High CourtCRL OP(MD)/5722/2015dismissed

Muthuramadurai v. Sumathi

2015-06-10Honourable Mr Justice M.M.Sundresh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)No.5722 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 1.Muthuramadurai 2.Sornalatha 3.Gajendran 4.Selvarani ..Petitioners/Respondents .vs.

Sumathi ..Respondent/Petitioner PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code praying this Court to call for the records relating to the complaint in D.V.O.P.No.50 of 2014 on the file of the learned Judicial Magistrate No.I, Sivagangai and quash the same as illegal. For Petitioners : M/s.B.A.Muruganantham For Respondent : No appearance

ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C.praying this Court to call for the records relating to the complaint in D.V.O.P.No.50 of 2014 on the file of the learned Judicial Magistrate No.I, Sivagangai and quash the same as illegal. 2.Heard the learned counsel for the Petitioner and perused the records.

3.The learned Additional Public Prosecutor submits that there is a specific allegation that the respondent is likely to be thrown out of the wedlock and the first Petitioner is not maintaining her. 4.The learned counsel for the Petitioners submits that the Petition filed by the respondent is bereft of particulars and hence the same has to be quashed.

5.This Court is not inclined to go into the factual allegations. Hence the Criminal Original Petition stands dismissed. The appearance of the Petitioners are dispensed before the trial Court until and unless the same is required by the court below. Further the Court below is directed to dispose of the D.V.O.P. Petition within a period of six months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- The Assistant Registrar(Per.Admn.) /True copy/ Sub-Assistant Registrar To

1. The Judicial Magistrate No.I,Sivagangai.

+1cc to M/s.B.A.Muruganantham, Advocate SR.No.29539/15 Sm:23.06.2015:1P/3C CRL.O.P(MD)No.5722 of 2015 10.06.2015 https://hcservices.ecourts.gov.in/hcservices/