Mookaiah v. Savithiri

CRL OP(MD) No.12317 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.12317 of 2019 and CRL MP(MD)No.7731 of 2019 1 MOOKAIAH 2 KANAGAMMAL 3 MANOJKUMAR 4 USHA DEVI 5 JAYARANI ...PETITIONERS / RESPONDENTS 2 TO 6 Vs 1 SAVITHIRI 2 MINOR. RISHIMARAN (MINOR REPRESENTED THROUGH HIS MOTHER AND GUARDIAN SAVITHRI) ... RESPONDENTS/PETITIONERS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Call for the entire records in relating to the proceedings in D.V.C No.34 of 2019 on the file of the Learned Judicial Magistrate No.1, Thanjavur and to quash the same in so far as the petitioners are concerned.

Prayer in CRL MP(MD). 7731/ 2019 :

To dispense with the personal appearance of the petitioners in the proceedings in D.V.C No.34 of 2019 on the file of the Learned Judicial Magistrate No.1, Thanjavur.

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.N.RAMESHARUMUGAM Advocate for the petitioners, the court made the following order:- Notice of motion returnable by 04.10.2019. Private Notice is also permitted.

2.The learned counsel for the petitioners is permitted to inform the learned counsel who appears for the respondent in the trial Court, about the pendency of this quash petition, so that she can make arrangements to enter appearance before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.12317 of 2019 3.The petitioners herein were only in-laws of the respondent. Therefore, the presence of the petitioners are dispensed with pending disposal of Criminal Original Petition, on condition that, they shall ensure that the first petitioner's son/husband of the respondent shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) before 5th of every English Calendar month to the credit of D.V.C.No.34 of 2019 on the file of the Judicial Magistrate No.I, Thanjavur, as ad-interim maintenance, without prejudice to both the parties. On such deposit being made, the respondent is entitled to withdraw the same. For the month of September, 2019, the said sum of Rs.5,000/- shall be deposited on or before 18.09.2019.

4.Post the matter on 04.10.2019.

sd/- 04/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, THANJAVUR.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

+1. CC to Mr.M.S.JEYAKARTHIK Advocate SR.No.14845

ORDER

IN CRL OP(MD) No.12317 of 2019 and CRL MP(MD)No.7731 of 2019 Date :04/09/2019 TK/MMS/SAR.2/16.09.2019/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2