Madras High CourtCRL OP(MD)/5402/2018disposed of

K.Ananathi v. The Inspector Of Police

2018-04-09Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.5402 of 2018 K.Ananathi ... Petitioner -VsThe Inspector of Police, All Women Police station, Sivagangai, Sivagangai District.

... Respondent Prayer: Criminal Original petition - filed under Section 482 of Code of Criminal Procedure, to direct Judicial Magistrate-1 now in charge Hon'ble Judicial Magistrate No-2, Sivagangai to dispose of the case in C.C.No.189 of 2013 within the time stipulated by this Court.

For Petitioner : Mr.A.Joseph Jerry For Respondent : Mr.K.K.Ramakrishna Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct Judicial Magistrate-1 now in charge Judicial Magistrate No-2, Sivagangai to dispose of the above case in C.C.No.189 of 2013 within the time stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3.The learned counsel for the petitioner submitted that due to some family dispute, the petitioner and her husband are living separately. The husband of the petitioner filed H.M.O.P.No.102 of 2012, which was dismissed for default. While so, the husband of the petitioner had married another girl. Hence, the petitioner lodged a complaint before the Judicial Magistrate No.1, Sivagangai District in C.C.No.189 of 2013 and same is pending. Since the husband of the petitioner did not appear before the Court, Non Bailable Warrant was issued against the husband of the petitioner https://hcservices.ecourts.gov.in/hcservices/

thereafter, Bail was also granted. Hence, the petitioner filed the present Criminal Original Petition with the aforesaid prayer to dispose of the C.C.No.189 of 2013.

4. The Additional Public Prosecutor appearing for the respondent, on instructions, submits that the enquiry is pending. 5.Considering the nature of offence and scope of the prayer sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the Judicial Magistrate No.1, Sivagangai District to dispose of the C.C.No.189 of 2013 on merits and in accordance with law as expeditiously as possible.

6.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(P & A) /True copy/ Sub Assistant Registrar ta To 1 The Judicial Magistrate No.I, Sivagangai 2.The Inspector of Police, All Women Police station, Sivagangai, Sivangangai District.

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

Crl.O.P.(MD) No.5402 of 2018 09.04.2018 SMA/CM-PN/SAR-1/14.05.2018:2P/4C https://hcservices.ecourts.gov.in/hcservices/