Madras High CourtCRL OP(MD)/13920/2019disposed of

Venkateswari v. Anantharaj

2019-10-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.13920 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.13920 of 2019 A.Venkateshwari ... Petitioner Vs.

1.Anantharaj 2.Visalakshi 3.Deepa 4.Jasmine 5.Dinesh

...Respondents

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Judicial Magistrate, Nanguneri, Tirunelveli District to continue the enquiry process in connection with Crl.M.P.No.1289 of 2019 without affording any right of audience to the respondents herein in the pre cognizance stage and conclude the same within a time frame as stipulated by this Court forthwith. For Petitioner : Mr.S.Palani Velayutham

O R D E R

This petition has been filed seeking a direction to the learned Judicial Magistrate, Nanguneri, Tirnelveli District, to continue the enquiry process in connection with Crl.M.P.No.1289 of 2019 without affording any right of audience to the respondents herein in the pre cognizance stage and to conclude the same.

2. It is seen that on the private complaint lodged by the petitioner, the learned Judicial Magistrate, Nanguneri, Tirnelveli District, conducted an enquiry after issuing summons to the accused. Before taking cognizance, the learned Magistrate ought not to have issue summons to the accused. Therefore, the learned Magistrate is directed to conduct an enquiry without affording any right of audience to the respondents and complete the enquiry in Crl.M.P.No.1289 of 2019 and pass orders on merits and in accordance with law, within period of four weeks from the date of receipt of a copy of this order.

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Crl.O.P.(MD)No.13920 of 2019

3. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar vsd To The Judicial Magistrate, Nanguneri, Tirunelveli District.

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-91587[F] dated 09/10/2019 ) Crl.O.P.(MD)No.13920 of 2019 03.10.2019 JM/22.10.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2