Madras High CourtCRL OP(MD)/14104/2017disposed of

P.A.Jannath v. Hajara Beevi

2018-02-27Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.14104 of 2017 and Crl.M.P.(MD) Nos.9450 and 9451 of 2017 P.A.Jannath ... Petitioner/Accused No.2 -VsHajara Beevi ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in D.V.O.P.No.11 of 2016 on the file of learned Judicial Magistrate No.V, Tirunelveli and quash the same against the petitioner.

For Petitioner : Mr.S.P.Maharajan For Respondent : Mr.A.Syed Abdul Kather

ORDER

This Criminal Original Petition has been filed by the second respondent in D.V.O.P.No.11 of 2016 on the file of learned Judicial Magistrate No.V, Tirunelveli and quash the same against the petitioner.

2.The learned counsel for the petitioner has submitted that the petitioner is the mother-in-law of the respondent and she has not committed any domestic violence and hence, the proceeding against the petitioner in D.V.O.P.No.11 of 2016 has to be quashed. 3.The learned counsel for the respondent has submitted that only at the instigation of the petitioner herein, the husband of the respondent has committed domestic violence and hence, strongly opposed this petition.

4.Though the petitioner has asked for a larger relief, without going into the merits of the case, this Court is of the view that the concerned Judicial Magistrate, shall be directed to dispose of D.V.O.P.No.11 of 2016, within a time frame. Hence, the learned Judicial Magistrate No.V, Tirunelveli, is directed to dispose of D.V.O.P.No.11 of 2016 within a period of three months from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt of a copy of this order.

5.Considering the fact that the petitioner is the woman, aged about 61 years, her personal appearance before the Trial Court is dispensed with, unless her personal appearance is specifically ordered by the concerned Judicial Magistrate. 6.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate No.V, Tirunelveli + 1 CC TO Mr.S.P.MAHARAJAN, ADVOCATE IN SR No. 51476 CP TE/KKR/SAR-2 : 21/03/2018 : 2P/3C Crl.O.P.(MD) No.14104 of 2017 and Crl.M.P.(MD) Nos.9450 and 9451 of 2017 27.02.2018 https://hcservices.ecourts.gov.in/hcservices/