Madras High CourtCRL OP(MD)/21806/2016dismissed

A.Murugesan v. M.Vasuki

2016-11-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2016

CORAM:

THE HONOURABLE MR JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.21806 of 2016 and Crl.M.P.(MD)Nos.11228 and 11229 of 2016 1.A.Murugesan 2.Kala 3.Murugesan 4.M.Sundarrajan 5.Kalaivani .. Petitioners Vs.

M.Vasuki .. Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to admit the above petition on file and call for the records in D.V.No.81 of 2016, on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and to quash the same.

For Petitioners : Mr.K.A.Ramakrishnan

ORDER

This Criminal Original Petition is filed to call for the records in D.V.No.81 of 2016, on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District, and quash the same as illegal.

2. Heard the learned Counsel appearing for the petitioners and perused the materials available on record.

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3. The first petitioner is the husband of the respondent and the other petitioners are in-laws of the respondent. Since the allegations have been made against the petitioners 2 to 5 also, this Court is not inclined to quash the proceedings in D.V.O.P.No.81 of 2016.

4. In fine, this Criminal Original Petition is dismissed. However, the first petitioner/husband of the respondent shall appear before the trial Court for all hearings except on those days, when his absence is condoned under Section 317 of Cr.P.C. Further, the appearance of the petitioners 2 to 5, before the trial Court is dispensed with and they are directed to appear before the learned Judicial Magistrate No.I, Thoothukudi, as and when their presence is required. Consequently the connected Crl.M.P(MD).No.11228 of 2016 is closed.

Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.

To The Judicial Magistrate No.I, Thoothukudi.

+1CC to M/S.KA.Raamakrishnan, Advocate, SR.No. 71334 Crl.O.P.(MD).No.21806 of 2016 AM/CK/SAR-3/12.12.2016/2P/3C https://hcservices.ecourts.gov.in/hcservices/