Madras High CourtCRL OP(MD)/10866/2018disposed of

Palaniselvam v. Kalaimani @ Mani

2018-07-02Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Crl.O.P.(MD) No.10866 of 2018 1.Palaniselvam 2.Kaniskha

...Petitioners

Vs.

Kalaimani @ Mani ... Respondent PRAYER : This petition filed under Section 482 of Criminal Procedure Code, to issue a direction, directing the Judicial Magistrate, Aranthangi, to number the petition dated 28.05.2018 filed by the petitioner under Section 125 of Cr.P.C and act in accordance with law.

For Petitioners :Mr.T.Lenin Kumar

O R D E R

This Criminal Original Petition has been filed to direct the the Judicial Magistrate, Aranthangi, to number the petition dated 28.05.2018 filed by the petitioner under Section 125 of Cr.P.C and act in accordance with law.

2. The learned counsel for the petitioners submitted that the petitioners were filed an application seeking maintenance under Section 125 of Cr.P.C., against the respondent herein. The said petition was posted on 28.03.2018, 06.04.2018, 04.05.2018, 25.05.2018. On that day, the petitioners were absent and the petition was posted on 08.06.2018 before the learned Judicial Magistrate, Aranthangi. On 08.06.2018, the said petition was returned by the learned Judicial Magistrate, Aranthangi, pointing out some defects in numbering the petition. Challenging the aforesaid order, the petitioner has preferred this Criminal Original Petition before this Court.

3. By considering the facts and circumstances of this case, this Court cannot entertain this Criminal Original Petition. The petitioners are at liberty to represent the said petition along with the appropriate papers, required by the learned Judicial Magistrate, Aranthangi, with the explanation for the return, within a period of two weeks from the date of receipt of a copy of this order. In the event of such petition is represented, the learned Judicial Magistrate, Aranthangi has to number the said petition, if it is satisfied and if not, the same shall be returned by stating the https://hcservices.ecourts.gov.in/hcservices/

appropriate reasons.

4.With the above directions, this Criminal Original petition is disposed of.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To Judicial Magistrate, Aranthangi.

+1CC to Mr.T.Lenin Kumar Advocate in SR.No.70726. PNN DS/SV-MMS/SAR-4 :03.07.2018: 2P/3C ORDER MADE IN Crl.O.P.(MD) No.10866 of 2018 02.07.2018 https://hcservices.ecourts.gov.in/hcservices/