Madras High CourtCRL OP(MD)/23161/2016dismissed

V.Karpagam v. M.Vijaya Pandian

2017-01-30Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD).No.23161 of 2016 V.Karpagam ... Petitioner -Vs1.M.Vijaya Pandian 2.P.Manoharan Nadar 3.M.Tamil Selvi 4.K.Sukanya 5.S.Saranya ... Respondents Prayer : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to make a suitable direction to the Learned Additional Mahila Judge, Madurai to complete the trial in M.C.No.22 of 2015, as contemplated in Section 12 of the Domestic Violence Act.

For Petitioner : Mr.B.Chandra Mohan

O R D E R

This petition has been filed to direct the Learned Additional Mahila Judge, Madurai, to complete the trial in M.C.No.22 of 2015, as contemplated in Section 12 of the Domestic Violence Act.

2.The learned counsel for the petitioner submitted that in this case no summons were served to the respondents in the trial Court. He further submitted that he has filed a petition for serving private notice to the respondents before the trial Court.

3. Admittedly no summons were served to the respondents and no private notice has also served by the present petitioner on the respondents in the trial Court. Though it is a private complaint, the petitioner has not taken any steps to serve private notice on the respondents and even without observing the procedure for serving summons to the respondents, the petitioner simply filed the present petition before this Court for speedy disposal of the case, which is pending in the trial Court.

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4. Considering the above facts and circumstances, this Court is of the view that without serving summons to the

respondents, speedy disposal of the case is not possible. Since the petition filed by the petitioner is not at all admissible at this stage, this Criminal Original Petition is dismissed with liberty to the petitioner to take appropriate steps for serving summons to the respondents before the trial Court. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Additional Mahila Judge, Madurai.

+1cc to Mr.J.SENTHIL KUMARIAH, Advocate in Sr.No.4875 PJL JS/SV/MMS/21.02.2017/2P-3C Crl.O.P.(MD).No.23161 of 2016 30.01.2017 https://hcservices.ecourts.gov.in/hcservices/