Madras High CourtCRL OP(MD)/319/2018dismissed

Earnest, v. Korthulfelix,

2019-09-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL.O.P (MD) No.319 of 2018 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.319 of 2018 and Crl.M.P.(MD) Nos.111 and 112 of 2018 1.Earnest 2.Punitha 3.Jency 4.Garolin Josi ... Petitioners Vs Korthulfelix ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to M.C.No.4 of 2017 on the file of the Judicial Magistrate, Eraniel and quash the same.

For Petitioners : Mr.T.Selvakumaran For Respondent : Mr.K.P.Narayanakumar

O R D E R

This petition has been filed to quash the proceedings in M.C.No.4 of 2017 on the file of the Judicial Magistrate, Eraniel. 2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent and perused the materials available on record.

3.The respondent is none other than the own mother of the some of the petitioners. She seeks maintenance. This Court find no merits in the grounds raised by the petitioners to quash the proceedings. The grounds raised in the petition have to be gone into in a full fledged trial. Therefore, this Court is of the view that this criminal original petition is liable to be dismissed. 4.Accordingly, this criminal original petition is dismissed. Consequently, connected miscellaneous petitions are also dismissed. However, since the case is of the year 2017, the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P (MD) No.319 of 2018 Magistrate, Eraniel is directed to dispose of the case, within a period of six months from the date of receipt of a copy of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar To 1.The Judicial Magistrate, Eraniel.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate ( SR-87085[F] dated 17/09/2019 Order made in CRL.O.P (MD) No.319 of 2018 13.09.2019 ARUL MS/30.09.2019/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2