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Madras High CourtCRL OP(MD)/18246/2019allowed

Gayathri v. Senthil Kumar

2021-12-16Honourable Mr Justice K.Murali Shankar2 pages

CRL.O.P.(MD).No.18246 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.O.P.(MD).No.18246 of 2019 1.Gayathri 2.Minor Sajeetha : Petitioners/Petitioners (Represented by the 1st Petitioner Gayathri (Mother) Vs.

Senthil Kumar : Respondent/Respondent PRAYER: Criminal Original Petition filed under Section 407 of Cr.P.C, to transfer the case in Cr.M.P.No.5038 of 2015, Cr.M.P.No.4954 of 2017, Cr.M.P.no.3836 of 2018, Cr.M.P.No.5461 of 2018 and Cr.M.P.No.1044 of 2019 in M.C.No.28 of 2012 on the file of the Judicial Magistrate Court, Aruppukottai to the Judicial Magistrate Court, Thuraiyur.

For Petitioners : Mr.S.Poornachandran For Respondent : Mr.R.Narayanan

ORDER

The Criminal Original Petition is filed seeking orders to transfer the petitions in Cr.M.P.No.5038 of 2015, Cr.M.P.No.4954 of 2017, Cr.M.P.No.3836 of 2018, Cr.M.P.No.5461 of 2018 and Cr.M.P.No.1044 of 2019 in M.C.No.28 of 2012 on the file of the Judicial Magistrate Court, Aruppukottai to the Judicial Magistrate Court, Thuraiyur.

2.The learned counsel for the petitioners would submit that the petitioners have only initiated the matrimonial proceedings before the learned Judicial Magistrate, Aruppukottai, since the first petitioner's father was at Aruppukottai at that time, that subsequently, he died and hence, the first petitioner along with her minor daughter had moved to Thuraiyur, Trichy District and that therefore, the above proceedings pending on the file of the learned Judicial Magistrate, Aruppukottai are to be transferred to the file of the Judicial Magistrate, Thuraiyur.

3.When the matter is taken up for hearing today, (i.e.,16.12.2021), the learned counsel for the respondent, on instructions, would submit that the respondent is not having any objections to transfer the above proceedings. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.18246 of 2019 4.Recording the same, the Criminal Original Petition is allowed and the proceedings, in Cr.M.P.No.5038 of 2015, Cr.M.P.No.4954 of 2017, Cr.M.P.no.3836 of 2018, Cr.M.P.No.5461 of 2018 and Cr.M.P.No.1044 of 2019 in M.C.No.28 of 2012 on the file of the Judicial Magistrate Court, Aruppukottai are ordered to be transferred to the file of the learned Judicial Magistrate, Thuraiyur.

5.Considering the nature of the reliefs claimed in the petitions, the learned Judicial Magistrate, Thuraiyur is directed to dispose of the petitions as expeditiously as possible. Sd/- Assistant Registrar (AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) das 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 Judicial Magistrate, Aruppukottai.

2. The Judicial Magistrate, Thuraiyur.

CRL.O.P.(MD).No.18246 of 2019 16.12.2021 USK (30.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2