Madras High CourtCRL OP(MD)/20021/2021disposed of

Haseena Begum v. Mohamed Badusha

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20021 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20021 of 2021 Haseena Begum ... Petitioner/Petitioner/ Appellant Vs.

1.Mohamed Badusha 2.Seyad Khan 3.Sybun Begum 4.Jesima Begum 5.AMS.Meera Sakip 6.Ayub Khan 7.Sulthan Ibrahim 8.Abdul Kaleem 9.Syed Abuthahir 10.Benazir Begum ... Respondents/Respondents/ Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned Principal District and Sessions Court, Tiruchirappalli to dispose of the case in Crl.M.P.No.3285 of 2021 in Crl.A.No.unnumbered of 2021 filed by the petitioner within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.K.Navaneetharaja

ORDER

Heard the learned counsel for the petitioner.

2. Considering the nature of the relief to be granted, issuance of the notice to the respondents is dispensed with.

3. The petitioner filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Additional Mahela (Magistrate Level) Court, Tiruchirappalli. The complaint was dismissed on 23.04.2021. Aggreived by the same, the petitioner filed an appeal before the Sessions Court with condone delay petition. The grievance of the petitioner is that for some reasons, the condone delay petition is not being disposed of.

4. When the matter was listed before me on the last occasion, I suggested that without prejudice to her general contention, the petitioner can still give up some of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20021 of 2021

5. Today, when the matter was taken up for hearing, the learned Additional Public Prosecutor, on instructions, submitted that the petitioner does not want to prosecute R.5 to R.9. In other words, she wants to pursue the appeal only as regards the respondents 1 to 4 and 10.

6. Recording the said submission, the learned Principal District Sessions Judge, Tiruchirappalli, is directed to dispose of the petition mentioned miscellaneous petition on merits and in accordance with law within a period of two weeks to be computed from 10.01.2022. This Criminal Original Petition is disposed of, accordingly.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal District and Sessions Court, Tiruchirappalli.

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

Crl.O.P.(MD)No.20021 of 2021 22.12.2021 PS(CO) GC(31.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2