Madras High CourtCRL OP(MD)/16092/2015disposed of

P.Muthusamy v. Thankabai

2017-11-09Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.16092 of 2015 and M.P.(MD)No.1 of 2015 and Crl.M.P.(MD)No.9252 of 2017 P.Muthuswamy ... Petitioner Vs.

Thankabai ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the order of the Sessions Court, Kanyakumari Division at Nagercoil in Crl.R.C.No.4 of 2014 dated 16.07.2015 confirming the order in M.C.No.23 of 2010 on the file of the Judicial Magistrate No.I, Kuzhithurai dated 10.01.2014 and set aside the same. For Petitioners : Mr.C.K.M.Appaji For Respondent : Mr.T.Selvakumaran

O R D E R

The Criminal Original Petition has been filed under Section 482 Cr.P.C to set aside the the order of the Sessions Court, Kanyakumari Division at Nagercoil in Crl.R.C.No.4 of 2014 dated 16.07.2015 confirming the order in M.C.No.23 of 2010 on the file of the Judicial Magistrate No.I, Kuzhithurai dated 10.01.2014. 2.The learned counsel for the petitioner would submit that without going into the merits of the case, the order of the lower Court as well as the lower Appellate Court may be confirmed. However, the learned counsel for the petitioner seeks permission of this Court to challenge the marriage solemnized between the petitioner and the respondent, without being influenced by any of the observation made in the orders of the Courts below. https://hcservices.ecourts.gov.in/hcservices/ 3.In view of the submission made by the learned counsel for the petitioner without expressing any opinion on the merits of

case, the respondent is permitted to withdraw a sum of Rs.55,000/- (Rupees Fifty Five Thousand only) which was deposited as per the direction of this Court on 20.08.2015. Accordingly, the Criminal Original Petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law with regard to the challenge of marriage in between the petitioner and the respondent. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Sessions Judge, Nagercoil.

2. The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari.

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

Mrn/Rmk AE/MR KKR/SAR4/28.11.2017/2P/4C Crl.O.P.(MD)No.16092 of 2015 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/ 09.11.2017