Daisy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.R.C.(MD) No.724 of 2017 and Crl.M.P.(MD) No.8327 of 2017 Daisy ... Petitioner Vs.

1.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

2.Silakkiamani 3.Esra 4.Jebarani 5.Mary ... Respondents PRAYER: The Criminal Revision Case filed under Section 397 r/w Section 401 of the Code of Criminal Procedure, to call for the entire records pertaining to the order passed by learned 1st Additional District & Sessions Judge, Thoothukudi, Thoothukudi District, in C.A.No.61 of 2016 vide order dated 17/08/2017 as well as the order passed by the learned Judicial Magistrate, Sathankulam, Thoothukudi District in Cr.M.P.No.7882/2016 in DVOP No.5/2016 vide order dated 07/12/2016 and set-aside the same. For Petitioner : Mr.R.Anand For R1 : Mr.A.Robinson Government Advocate (Crl.Side) For R2 to R5 : Mr.A.Thiruvadikumar

ORDER

This petition has been filed to call for the records pertaining

to the order passed by learned I Additional District & Sessions Judge, Thoothukudi, Thoothukudi District in C.A.No.61 of 2016 dated 17.08.2017 as well as the order passed by the learned Judicial Magistrate, Sathankulam, Thoothukudi District in Cr.M.P.No.7882/2016 in DVOP No.5/2016 dated 07.12.2016 and to set aside the same. 2.Heard the learned counsel on either side.

3.The petitioner is 63 years old, has filed a petition under Domestic Violences Act, for various reliefs including the relief to direct the first respondent / State to restrain her husband and his relatives from entering the household.

4.The trial Court as well as the appellate Court have rightly gone into the matter and found that the said request is a frivolous request and further observed that she cannot prevent her husband's relatives entering the house.

5.I do not find any reason to entertain this petition. Though this Court has admitted the revision case and keeping it pending for nearly one year, quoting pendency of the revision case, the petitioner herein is not conducting the D.V.O.P.No.5 of 2016 pending before the trial Court, which has caused mental agony to the litigant.

6.In such circumstances, this Court dismiss the revision case

with direction to the trial Court to take up the D.V.O.P.No.5 of 2016 at the earliest and dispose of the same as expeditiously as possible. Consequently, the connected miscellaneous petition is closed.

SD/- Assistant Registrar(C.O) /True Copy/ Sub Assistant Registrar mm To 1.The I Additional District and Sessions Judge, Thoothukudi, Thoothukudi District.

2. The Judicial Magistrate, Sathankulam, Thoothukudi District.

3.The Inspector of Police, Nazareth Police Station, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc M/s. A.Thiruvadi Kumar, Advocate in SR No.79253 Crl.R.C.(MD) No.724 of 2017 NM/SKN/SAR3/12.09.18/3P/6C