S.Saravanan v. Uma Maheswari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.7354 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 S.Saravanan ... Petitioner Vs.

1. Uma maheswari

2. Minor. Vishnu Sankar Represented through his mother and natural guardian-R1

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in M.C.No 11 of 2014 on the file of the Chief Judicial Magistrate, Tuticorin and quash the same. For Petitioner: Mr.S.Muthalraj

O R D E R

This quash petition is filed to quash the proceedings in M.C.No 11 of 2014 on the file of the Chief Judicial Magistrate, Tuticorin.

2. It is seen from records that the respondent/wife and the minor child filed maintenance case under section 125 of Cr.P.C against the petitioner in M.C. No.11 of 2014 seeking maintenance. Immediately after the receipt of the summon in the maintenance case, this petition has been filed.

3. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 3.Accordingly, this criminal original petition is dismissed. The petitioners are at liberty to raise all the

grounds before the trial Court.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar (Crl-Side) // True Copy // Sub Assistant Registrar(CS-III) To The Chief Judicial Magistrate, Tuticorin.

+ 1 CC TO MR.S.MUTHALRAJ, ADVOCATE IN SR NO.87267 AAV BU/RSK/SAR-III :27.10.2018 : 2P/3C Crl.O.P.(MD).No.7354 of 2014 and M.P.(MD) Nos.1 and 2 of 2014 26.09.2018 https://hcservices.ecourts.gov.in/hcservices/