A petition under Section 482 Cr.P.C seeking to quash maintenance recovery proceedings was dismissed. The court found no illegality in the impugned order, noting the petitioner failed to maintain the respondents and had absconded.
Criminal Original Petition dismissed; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :05.11.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P(MD) No.12970 of 2019 and Crl.M.P(MD) No.7978 of 2019
Jothi Ramalingam .. Petitioner/Respondent
Vs.
Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, call for the entire records and quash the entire proceedings in Cr.M.P No.2584 of 2018 on the file of the Chief Judicial Magistrate, Trichy.
For Petitioner : Mr.T.Senthil Kumar
For Respondents : Mr.:R.Balakrishnan
O R D E R
This petition has been filed to quash the entire proceedings in Cr.M.P No.2584 of 2018 on the file of the Chief Judicial Magistrate, Trichy.
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Sd/-
Assistant Registrar (AD-II) // True Copy //
Sub Assistant Registrar(CS)
aav
To
The Chief Judicial Magistrate, Trichy.
+1 CC to Mr.R.BALAKRISHNAN, Advocate (SR-96164[F] dated 05/11/2019 )
Crl.O.P(MD) No.12970 of 2019 and Crl.M.P(MD) No.7978 of 2019 05.11.2019
VB(13.11.2019) 2P 3C
2 issues framed by the court
Whether the petition under section 482 Cr.P.C to quash proceedings for recovery of maintenance arrears deserves to be allowed in the circumstances.
Whether the failure of the petitioner to provide maintenance obligation entitles them to quash the recovery proceedings.
3 provisions across 1 enactments
Jothi Ramalingam
Thilagavthi @ Dorathi Samathana Thilagavathi
Sherlin Josephin Prema Kumari
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
