Madras High CourtCRP(MD)/674/2020allowed

S.Jayalakshmi v. Sujatha

2020-09-24Honourable Mr Justice S.S. Sundar2 pages

C.R.P.(PD)(MD)No.674 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P.(PD)(MD)No.674 of 2020 S.Jayalakshmi : Petitioner/Petitioner/3rd Defendant .. Vs ..

Sujatha : Respondent/Respondent/1st Plaintiff PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the II Additional District Munsif Court, Trichirapalli to make a complaint in writing and sent it to the Jurisdictional Magistrate as per Sections 340(1)(b) and 340(1) (c) of Cr.P.C., in I.A.No.122 of 2018 in O.S.No.526 of 2017, order dated 19.04.2018 within the stipulated time as may be fixed by this Court.

(Prayer portion Amended vide this Court order dated 24.09.2020 made in CMP(MD).NO.4740/20 in CRP(MD).674/20.

For Petitioner :Mr.M.Subash Babu

ORDER

This Civil Revision Petition is filed for a direction to direct the II Additional District Munsif Court, Trichirapalli to make a complaint in writing and sent it to the Jurisdictional Magistrate as per Sections 340(1)(b) and 340(1)(c) of Cr.P.C., in I.A.No.122 of 2018 in O.S.No.526 of 2017, order dated 19.04.2018 within the stipulated time as may be fixed by this Court. 2.Heard the learned Counsel appearing for the petitioner. 3.Having regard to the nature of petition filed by the revision petitioner and on perusal of the order passed by the learned II Additional District Munsif, Trichirapalli, this Court is inclined to allow this revision petition with the following direction: "3.1.

The learned II Additional District Munsif, Tiruchirapalli, is directed to make a complaint in writing and sent it to the Jurisdictional Magistrate as per Sections 340(1)(b) and 340(1)(c) of Cr.P.C., following the order in I.A.No.122 of 2018 in O.S.No.526 of 2017, dated 19.04.2018 in accordance with law within a period of three weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.

C.R.P.(PD)(MD)No.674 of 2020 4.As a result, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS ) To 1.The II Additional District Munsif, Tiruchirapalli. 2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) +1 CC to M/s.M. SUBASH BABU, Advocate ( SR-17669[F] dated 22/09/2020 C.R.P.(PD)(MD)No.674 of 2020 24.09.2020 KM(CO) NR (05.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2