Madras High CourtCRL OP(MD)/5471/2017allowed

Kuppusamy v. K.Radhika

2017-08-10Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.5471 of 2017 Kuppusamy : Petitioner / Respondent -Vs1.K.Radhika 2.Minor K.Harshini : Respondents / Petitioners (The second respondent is a minor represented by her mother and natural guardian 1st respondent herein) PRAYER: Criminal Original petition filed under Section 482 of Criminal Procedure Code, praying to direct the Chief Judicial Magistrate Court, Karur to dispose the case in M.C.No.36 of 2015 within the stipulated period.

For Petitioner : Mr.G.Marimuthu For Respondents : Mr.M.Vivekanandan ***

O R D E R

This petition is filed for issuing a direction to the learned Chief Judicial Magistrate Court, Karur, to dispose of the case in M.C.No.36 of 2015 within the time stipulated by this Court.

2.The learned counsel appearing for the petitioner states that the petitioner is the respondent in the case in M.C.No.36 of 2015 on the file of the Chief Judicial Magistrate Court, Karur. The first respondent is the wife and the second respondent is the petitioner's minor daughter. It is not in dispute that M.C.No.36 of 2015 was filed by the wife for maintenance. However, the learned counsel appearing for the wife stated that earlier there was an ex parte order by which the petition itself was allowed. The learned counsel appearing for the petitioner submitted that the ex parte order was later set aside and the the same was restored to file. The learned counsel appearing for the respondents submitted that there is no provision in Criminal Procedure Code to file a petition to set aside the ex parte order. The learned counsel appearing for the petitioner relied upon https://hcservices.ecourts.gov.in/hcservices/

Section 126(2) of Cr.P.C. which clearly empowers the Magistrate to set aside the order.

3.Be that as it may. Having regard to the fact that the matter is pending before the learned Chief Judicial Magistrate Court, Karur, from 2015 and it would be in the interest of wife also to issue a direction to dispose of the case expeditiously. Hence, this Court is inclined to allow this petition and accordingly, this Criminal Original Petition is allowed. The learned Chief Judicial Magistrate, Karur, is directed to dispose of M.C.No.36 of 2015, within a period of three months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Chief Judicial Magistrate Court, Karur.

+1 cc to Mr.G.Marimuthu , Advocate in SR.No. 72084 SRM AE/JC/SAR3/29.08.2017/2P/3C CRL.O.P.(MD)No.5471 of 2017 10.08.2017 https://hcservices.ecourts.gov.in/hcservices/