Madras High CourtCRL OP(MD)/4024/2016disposed of

A. Srikanth v. K. Rekha

2020-01-30Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.4024 OF 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4024 of 2016 and Crl.M.P.(MD)No.2023 of 2016 1.A.Srikanth 2.Anandharaj 3.Jothi 4.Sujatha 5.Muthukumar ... Petitioners/Respondents Vs.

1. K.Rekha 2.Minor Vaseegaran (Rep. by his mother and next friend R-1) ... Respondents/Petitioners Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to withdraw and transfer the case in M.C.No.19 of 2015 on the file of the Judicial Magistrate Court, Devakottai, Sivagangai District, to the Principal Judge, Family Court, Chennai. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondents : No appearance.

O R D E R

This criminal original petition has been filed seeking transfer of the case in M.C.No.19 of 2015 from the Judicial Magistrate Court, Devakottai, Sivagangai District to the Principal Judge, Family Court, Chennai.

2. The petition under Section 12 of Protection of Women from Domestic Violence Act was filed by the respondent herein. The respondent is now residing in Devakottai. The respondent got married to A.Srikanth. Vaseegaran was also born. When the respondent was residing at Devakottai, it is certainly open to the respondent to pursue the impugned proceedings before the Judicial Magistrate Court, Devakottai and the question of transferring the same to Chennai does not arise.

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2 CRL.O.P.(MD)NO.4024 OF 2016 3.I find no merit in this case. The criminal original petition stands dismissed, accordingly. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

1.The Judicial Magistrate, Devakottai, Sivagangai District.

2.The Principal Judge, Family Court, Chennai.

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

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