P.Mohamed Yusuf v. A.Yasmin

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.20798 of 2013 and MP(MD)Nos.1 and 2 of 2013 1.Mohamed Yusuf 2.S.Meharnisha ... Petitioners Vs.

A.Yasmin ... Respondent PRAYER : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code to call for the records relating to Crl.MP.No.2220 of 2013 on the file of Judicial Magistrate No.I, Madurai and quash the same.

For Petitioners : Mr.R.Murali

ORDER

The petitioners are only in-laws of the complainant. The petitioners want this Court to quash the proceedings under the provisions of Protection of Women from Domestic Violence Act, 2005. The proceedings are presently pending in Cr.MP.No.2220 of 2013 on the file of the learned Judicial Magistrate No.I, Madurai. 2.This Court went through the contents of the complaint lodged by the respondent. This Court is of the view that these are matters to be thrashed out in the regular trial. Leaving open all the defences and contentions of the petitioners, this Criminal Original Petition is dismissed.

3.The Trial Court shall insist on the personal appearance of the petitioners only when it is absolutely necessary and imperative. The petitioners shall be called upon to appear before the Trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C and at the time of pronouncement of judgment. On all other occasions, the petitioners can be represented through their counsel. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-II) /True copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To The Judicial Magistrate No.I, Madurai.

Crl OP(MD)No.20798 of 2013 and MP(MD)Nos.1 and 2 of 2013 06.06.2018 skm RAM/SV MMS/SAR 3/29.06.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/