S.Banumathi v. The Inspector Of Police

CRL MP(MD) No.7338 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.7338 of 2023 and CRL OP(MD)No.5111 of 2023 1 S.BANUMATHI 2 S.ARTHIKA ... PETITIONERS/PETITIONERS 3 & 4 Vs 1 THE STATE REP BY, THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY.

CRIME NO.68/2022.

2 KRITHIKA.T ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to issue an order or direction permitting the petitioners to travel abord pending the FIR in Crime No.68/2022 on the file of the 1st respondent pending disposal of the Crl OP(MD)No.5111/2023. Prayer in CRL OP(MD)No. 5111/ 2023 :

To call for the records relating to the Crime No. 68 of 2022 pending on the file of the 1st respondent police dated 10.12.2022 and quash the same and consequently allow this criminal Original Petition.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ANANDKUMAR.J, Advocate for the petitioner and of MR.R.SURESH KUMAR, Government Advocate (Criminal Side) for the 1st Respondent and of MR.M.JEGADEESHPANDIAN, Advocate on behalf of the 2nd Respondent, the court made the following order:- This criminal miscellaneous petition has been filed seeking permission to visit abroad on the ground that the 1st petitioner along with the 2nd petitioner, has to visit her daughter's expected delivery at the end of May-2023.

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CRL MP(MD) No.7338 of 2023 2.The learned counsel appearing for the 2nd respondent/de-facto complainant would submit that the 1st petitioner must be present before the concerned authority at the time of conciliation process. 3.The conciliation process may go on, there is no bar. It is a dispute only between the husband and wife.

4.Considering the above said position, permission is granted to the petitioners to visit abroad on condition that they must return and be available during the course of investigation. Let the departure and arrival schedule be intimated to the 1st respondent police.

5.With the above said condition, this criminal miscellaneous petition is allowed.

sd/- 28/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ER TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, TALLAKULAM, MADURAI CITY. CRIME NO.68/2022.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.ANANDKUMAR.J, Advocate ( SR-7085[I] dated 28/04/2023 )

ORDER

IN CRL MP(MD) No.7338 of 2023 and CRL OP(MD)No.5111 of 2023 Date :28/04/2023 PKP/VS/SAR-4/11.05.2023/ 2P/4C https://www.mhc.tn.gov.in/judis 2/2