Jayaparthiban v. Mrs. Nirosha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.1645 of 2017 and Crl.M.P.(MD)No.1361 of 2017

1. Jayaparthiban

2. Thiru.Karuppiah

3. Nagarathinam

4. Rajeshwari

5. Kumudhavalli

6. Rajapandi ... Petitioners -VsMrs.Nirosha ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to withdraw the case in D.V.O.P.No.24 of 2016 from the file of the Judicial Magistrate Court, Uthamapalayam and transfer it to the file of the Judicial Magistrate Court, Nilakkottai. For Petitioners :

Mr.T.Selvan For Respondent :

Mr.M.Kannan

O R D E R

The criminal original petition has been filed to transfer the case in D.V.O.P.No.24 of 2016 from the file of the Judicial Magistrate Court, Uthamapalayam to the file of the Judicial Magistrate Court, Nilakkottai.

2. The petitioners are the respondents in the Domestic Violence Petition. Now, the present petition has been filed on the ground that the advocates appearing for the respondent are her relatives and they have threatened the petitioners in the open Court.

3. A perusal of the affidavit filed by the petitioners, it could be seen that the allegations are very vague and there is no substantial material on record to show that the petitioners are being threatened in the Court. In the above circumstances, this Court is not inclined to transfer the case in D.V.O.P.No.24 of 2016, based on the vague allegations. Hence, this criminal original petition is dismissed. However, taking into consideration https://hcservices.ecourts.gov.in/hcservices/

the fact that the D.V.O.P.No.24 of 2016 is pending from the year 2016, the learned Judicial Magistrate, Uthamapalayam is directed to proceed with the enquiry and pass final orders within a period of three months from the date of receipt of a copy of this order. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) akv To The Judicial Magistrate, Uthamapalayam.

Crl.O.P.(MD).No.1645 of 2017 20.06.2019 KS(08.07.2019) 2 P 2 C https://hcservices.ecourts.gov.in/hcservices/