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Madras High CourtCRL OP(MD)/6581/2015dismissed

Vasudevi v. Kogila

2015-04-17Honourable Mr Justice M.M.Sundresh1 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.04.2015

CORAM

THE HON'BLE MR.JUSTICE M.M.SUNDRESH CRL.O.P.(MD)No.6581 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 Vasudevi ..Petitioner .. Vs ..

1.Kogila 2.Palanichamy 3.Neelamegam ..Respondents Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the entire records connected with M.C.No.165 of pending before the learned Judicial Magistrate/Additional Mahila Court, Trichy and quash the same as illegal insofar as the petitioner is concerned.

For Petitioner : Mr.R.Alagumani - - - - -

O R D E R

The petitioner seeks to quash the proceedings M.C.No.165 of 2014 pending before the learned Judicial Magistrate/Additional Mahila Court, Trichy.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. The first point raised by the learned counsel for the petitioner is that the petitioner is not in a domestic relationship with the first respondent and the second point is that the name of the petitioner has been wrongly mentioned.

4. This Court is not inclined to accept the submission made by the learned counsel for the petitioner. Therefore, this Criminal Original Petition stands dismissed. Consequently, connected M.P.(MD) Nos.1 & 2 of 2015 are also closed. The matter is pending for more than one years, which is contrary to the enactment of the Protection of Women from Domestic Violence Act, 2005.

Therefore, the learned Judicial Magistrate/Additional Mahila Court, Trichy, is directed to dispose of M.C.No.165 of 2014, within a period of three months from the date of receipt of a copy of this order. All the issues are left open to be raised before the Court below. Considering the submission made, personal appearance of the petitioner before the Court below is dispensed with until and unless the same is required.

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

1. The Judicial Magistrate/Additional Mahila Court, Trichy. 2.-do-thro'The Chief Judicial Magistrate, Trichy. CRL.O.P.(MD)No.6581 of 2015 and M.P.(MD) Nos.1 & 2 of 2015 17.04.2015 pm PBK/SAR-I 07/05/2015 ::1P-3C:

https://hcservices.ecourts.gov.in/hcservices/