Madras High CourtCRL OP(MD)/14686/2017dismissed

Alagu Subramani v. Maheshwari

2017-11-01Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.OP.(MD).No.14686 of 2017 and CRL.M.P.(MD)Nos.9781 & 9782 of 2017 Alagu Subramani . . Petitioner/ Respondent No.1 Vs.

Maheshwari . . Respondent/Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for records in D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and to quash the same as illegal as against the petitioner.

For Petitioner : Mr.T.Lenin Kumar ***

ORDER

This Criminal Original petition is filed for quashing the proceedings in D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, as illegal as against the petitioner.

2. Heard the learned counsel appearing for the petitioner.

3. The petitioner is the husband of the respondent herein. The respondent filed a petition in D.V.O.P.No.3 of 2017 on the file of the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, under Section 12 of Protection of Women from Domestic Violence Act.

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4. The prayer in the D.V.O.P. petition is for providing shelter to the respondent/wife and payment of monthly maintenance

apart from other reliefs which are provided under the Act. It is not in dispute that the respondent is the wife of the petitioner. It is in these circumstances, this Court does not find any reason to entertain this petition, especially when no legal ground is made to quash the proceedings.

5. As a result, the Criminal Original petition is dismissed.

6. However, the learned counsel for the petitioner seeks indulgence of this Court to dispense with the personal appearance of the petitioner.

7. Hence, the personal appearance of the petitioner is dispensed with, unless or until the appearance of the petitioner is specifically required by an order of Court. Consequently, connected Miscellaneous petitions are closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To

1. The Judicial Magistrate, Sankarankovil, Tirunelveli District.

2.Do through the Chief Judicial Magistrate, Tirunelveli District +One cc to Mr.T.Lenin Kumar, Advocate, SR.No.84761 pmu RL/4C/2P/KP/SAR1/14/11/2017 Crl.O.P.(MD).No.14686 of 2017 and CRL.M.P.(MD)Nos.9781 & 9782 of 2017 01.11.2017 https://hcservices.ecourts.gov.in/hcservices/