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Madras High CourtCRL OP(MD)/11023/2018disposed of

Mareeswari v. The Inspector Of Police

2019-11-12Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.11023 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.11023 of 2018 Mareeswari ... Petitioner Vs.

The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent recover and handover the jewels, articles etc., to the petitioner by implementing the order passed in D.V.A.No.2 of 2015, dated 04.08.2016 on the file of the District Munsif Cum Judicial Magistrate, Kamuthi and the subsequent direction of the learned Judicial Magistrate, Kamuthi bearing A.va.No.307, dated 10.02.2017.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side)

O R D E R

This petition has been filed to direct the respondent to recover and handover the jewels, articles, etc., to the petitioner by implementing the order passed in D.V.A.No.2 of 2015, dated 04.08.2016 by the District Munsif Cum Judicial Magistrate, Kamuthi and the subsequent direction of the learned Judicial Magistrate, Kamuthi in A.Va.No.307, dated 10.02.2017.

2.It is seen that there is a dispute between the petitioner and her husband, which resulting in domestic violence case in D.V.A.No.2 of 2015 and the learned District Munsif Cum Judicial Magistrate, Kamuthi by order dated 04.08.2016 issued direction to the respondent. Thereafter, the petitioner's husband did not comply with the order and hence, a petition has been filed to execute the said order before the trial Court. By an order dated 10.02.2017, the learned District Munsif Cum Judicial Magistrate, Kamuthi directed the respondent to execute the order passed by the learned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11023 of 2018 Judicial Magistrate. Even thereafter, the respondent did not take any steps to comply with the said order passed by the learned Judicial Magistrate.

3.Considering the facts and circumstances of the case, the respondent is directed to implement the order in D.V.A.No.2 of 2015 by order dated 04.08.2016 and also subsequent direction issued in the order dated 10.02.2017 within a period of four weeks from the date of receipt of a copy of this order.

4.With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) vsd To 1.The Judicial Magistrate, Kamuthi.

2.The District Munsif-cum-Judicial Magistrate, Kamuthi. 3.The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

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

Crl.O.P.(MD)No.11023 of 2018 12.11.2019 JMN(13.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2