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Madras High CourtCRL OP(MD)/13146/2019allowed

Sivaramkasi v. Kalaivani

2019-10-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

CRL OP(MD) No.13146 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of September Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.13146 of 2019 AND CRL MP(MD).NOS.8070 & 8071 of 2019 1 SIVARAMKASI 2 JEYA GEETHA 3 S.JEYALAKSHMI, ... PETITIONERS / RESPONDENTS 2 TO 4 Vs KALAIVANI ... RESPONDENT / PETITIONER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to call for records pertaining to the impugned compliant in DVC.No.4 of 2019 on the file of the Learned Judicial Magistrate at Bodinaickanur, Theni District and quash the same against these petitioners concerned as illegal.

Prayer in CRL MP(MD). 8070/ 2019 :

to pass an order to STAY all further proceedings in D.V.C.No.4 of 2019 on the file of the Learned Judicial Magistrate at Bodinaickanur, Theni District, Pending Disposal of quash the petition.

Prayer in CRL MP(MD). 8071/ 2019 :

to DISPENSE WITH for the personal appearance of the petitioners herein in D.V.C.No.4 of 2019 on the file of the Learned Judicial Magistrate at Bodinaickanur, Theni District. 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.S.MUTHALRAJ, Advocate for the petitioner, the Court made the following order:- Notice of motion returnable by 23.10.2019. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.13146 of 2019 trial Court, about the pendency of this quash petition, so that she can make arrangements to enter appearance before this Court. 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 brother/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.4 of 2019 on the file of the Judicial Magistrate, Bodinaickanur, 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 30.09.2019.

4.Post the matter on 23.10.2019.

sd/- 20/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BODINAICKANUR, THENI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

+1. CC to MR NA.PALANIYANDI, Advocate SR.No.15990

ORDER

IN CRL OP(MD) No.13146 of 2019 AND CRL MP(MD).NOS.8070 & 8071 of 2019 Date :20/09/2019 TM AE/JC/SAR-II (24.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2