Madras High CourtCRL OP(MD)/5821/2022disposed of

Soniya v. Jayakumar.J

2022-04-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.5821 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.5821 of 2022 Soniya ... Petitioner Vs.

Jayakumar ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to pass an order of expediting the proceedings in Crl.M.P.No.280 of 2021 in M.C.No.29 of 2016 on the file of the learned Additional Chief Judicial Magistrate, Madurai.

For Petitioner : Mr.V.Raja Gopal

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the learned Additional Chief Judicial Magistrate, Madurai to expedite the proceedings in Crl.M.P.No.280 of 2021 in M.C.No.29 of 2016 within the stipulated time that may be fixed by this Court.

2. The learned counsel appearing for the petitioner submitted that three times execution proceedings have been initiated to make the respondent to pay the maintenance ordered by the learned Additional Chief Judicial Magistrate, Madurai and in order to escape from the clutches of law to pay maintenance to the wife and child, the respondent does not appear in Court and even does not instruct his counsel regarding his ability to pay or contend his case. In these circumstances, the learned counsel submitted that in view of the long pendency of the petition, the petitioner is put to hardship and prejudice.

3. Having regard to the submission made by the learned counsel appearing for the petitioner, the learned Additional Chief Judicial Magistrate, Madurai is directed to expedite the proceedings in Crl.M.P.No.280 of 2021 in M.C.No.29 of 2016 and dispose of the same on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5821 of 2022

4. With the above direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ps Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The Additional Chief Judicial Magistrate, Madurai.

Copy to The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.5821 of 2022 07.04.2022 RK(20/04/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2