Madras High CourtCRL OP(MD)/14451/2017allowed

M.Revathi Prema Ruba Rani, v. P.Ganesan,

2017-10-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD).No.14451 of 2017 M.Revathi Prema Ruba Rani . . Petitioner Vs.

P.Ganesan . . Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the learned Chief Judicial Magistrate, Tirunelveli, to dispose of the case in M.C.No.1 of 2016 pending on the file of the learned Chief Judicial Magistrate, Tirunelveli, within a time fixed by this Court. For Petitioner : Mr.N.Pragalathan ***

ORDER

This Criminal Original petition is filed for issuing a direction to the learned Chief Judicial Magistrate, Tirunelveli, to dispose of the case in M.C.No.1 of 2016 pending on the file of the learned Chief Judicial Magistrate, Tirunelveli, within a time fixed by this Court.

2. Heard the learned counsel appearing for the petitioner.

3. The petitioner states that she is the wife of the respondent and that the marriage between the petitioner and the respondent was solemnized on 27.05.1996. It appears that the petitioner has filed a Maintenance petition under Section 125 of Cr.P.C., in M.C.No.2 of 2015 before the Family Court, Tirunelveli. Subsequently, the petition was transferred to the learned Chief Judicial Magistrate, Tirunelveli and renumbered as M.C.No.1 of 2016. Stating that the respondent is taking all efforts to drag on the proceedings and that the petitioner is struggling for her day to day needs, the petitioner has approached this Court for the above relief.

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4. Going by 'B' Diary extract, the proceedings are

unnecessarily dragged on due to non co-operation of the respondent. Hence, this Court is inclined to allow this petition. The learned Chief Judicial Magistrate, Tirunelveli, is directed to dispose of the case in M.C.No.1 of 2016 as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

5. The Criminal Original petition is allowed, accordingly. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The Chief Judicial Magistrate, Tirunelveli.

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

+ 1 cc TO Mr.N.Pragalathan , Advocate in SR No. 83988 pmu AE/GT/SAR2/07.11.2017/2P/4C Crl.O.P.(MD).No.14451 of 2017 27.10.2017 https://hcservices.ecourts.gov.in/hcservices/