Saravanan v. A. Jeyalakshmi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD) No.9002 of 2019 and CRL MP(MD) Nos.5714 & 5715 of 2019 1 SARAVANAN 2 SANKAR ... PETITIONERS / ACCUSED NO.5 & 6 Vs A.JEYALAKSHMI ... RESPONDENT / COMPLAINANT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for the records in DV.Case No.5/2018 pending on the file of the Learned Judicial Magistrate Court, Boothapandi and to quash the proceedings in so far as the Petitioners/Respondents 5 & 6 is concerned.
Prayer in CRL MP(MD). 5714/ 2019 :
To Stay all further proceedings in DV.Case No.5/2018 pending on the file of the Learned Judicial Magistrate Court, Boothapandi and pending disposal of the above Crl.O.P. Prayer in CRL MP(MD). 5715/ 2019 :
To Dispense with the personal appearance of the petitioners in DV.Case No.5/2018 pending on the file of the Learned Judicial Magistrate Court, Boothapandi and pending disposal of the above Crl.O.P.
ORDER: This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.RAJAMOHAN, Advocate for the petitioners, the court made the following order:- This petition has been filed to quash the proceedings in D.V.C.No.5 of 2018 on the file of the learned Judicial Magistrate, Boothapandi.
2. The learned counsel appearing for the petitioners would submit that the petitioners are the respondents 5 and 6 in the above said complaint and they are the maternal uncle of first accused's https://hcservices.ecourts.gov.in/hcservices/
husband and there is no allegation against them. He would further submit that challenging the very same proceedings, already A3 and A4 filed a petition in Crl.O.P.(MD).No.14405 of 2018 before this Court and this Court, by an order dated 14.08.2018, granted interim stay and he has also produced the copy of the order.
3. In view of the above, there shall be an order of interim stay for a period of four weeks.
4. Notice to the respondent returnable by four weeks. Private notice is also permitted.
sd/- 27/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, BOOTHAPANDI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI.
+1. CC to M/S. R. RAJAMOHAN Advocate SR.No. 10599
ORDER
IN CRL OP(MD) No.9002 of 2019 and CRL MP(MD) Nos.5714 & 5715 of 2019 Date :27/06/2019 JM/JC/SAR 4/11.07.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/