Dismissed

Mr.Madan Mohan v. Mrs.Kamaleswari

Madras HC17 Jun 2021CRL OP/30194/2015

Case brief

AI extract

What is this about?

The High Court dismissed the Criminal Original Petition filed under Section 482 Cr.P.C. seeking to quash the trial court's order allowing the petitioner full rights to challenge the admissibility of proposed documents during evidence recording, finding the lower court's procedure lawful.

What did the court decide?

Petition dismissed; lower court directed to complete D.V. proceedings expeditiously; connected miscellaneous petition closed.

Mr.Madan Mohan Vs Mrs.Kamaleswari — Domestic Violence | Madras HC (2021)

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1 Crl O.P. No.30194 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.06.2021

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CORAM:

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THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN

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Crl.O.P.No.30194 of 2015
and
MP No.1 of 2015
Mr.Madan Mohan ...Petitioner
Vs.
Mrs.Kamaleswari ... Respondent

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to impugned order dated 30.10.2015 passed by the learned Judicial Magistrate, Ambattur, in C.M.P No.3757 of 2015 in D.V.No.23 of 2014 and set aside the same and consequently, allow the petition filed by the petitioner in CMP No.3757 of 2015 in D.V.No.23 of 2014 under Section 311 of Cr.PC for seeking permission to recall the evidence of the petitioner.

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For Petitioners : Mr.V.L.Nehru For Respondent : Mr. P.P.Shanmuga Sundaram for Mr.B.Singaravelu

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https://www.mhc.tn.gov.in/judis/

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2 Crl O.P. No.30194 of 2015

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ORDER

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This Criminal Original petition has been filed to

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quash the impugned order dated 30.10.2015 passed by the learned Judicial Magistrate, Ambattur, in C.M.P No.3757 of 2015 in D.V.No.23 of 2014 and set aside the same and consequently, allow the petition filed by the petitioner in CMP No.3757 of 2015 in D.V.No.23 of 2014 under Section 311 of Cr.PC for seeking permission to recall the evidence of the petitioner.

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The petitioner is facing trial before the Court below in the Domestic Violence proceedings initiated by the

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respondent. While so, the trial Court had passed an order dated 30.10.2015 in the interim maintenance application directing the petitioner herein to pay Rs.30,000/- per month towards interim maintenance for his wife and their children and also directing to

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pay Rs.1,50,000/- as education expenditure for his two son, after

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deducting the amount, which was already paid by the petitioner.

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https://www.mhc.tn.gov.in/judis/

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3 Crl O.P. No.30194 of 2015

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At that stage, the petitioner herein filed an application under Section 311 of Cr.PC to re-open the evidence of the respondent, for the purpose of marking two documents. The respondent /wife opposed the said petition on the ground that the documents have

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no relevance to the case and the same is inadmissible in
evidence.
3 The Court below dismissed the petition on the ground
that the petition cannot be opposed at the threshold and that the
petitioner can always object to it at the time when the document
is actually marked.

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4 Heard the learned counsel for the petitioner and
perused the materials available on record.

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5 This Court does not find any illegality or infirmity in

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the order passed by the Court below. The order of the Court

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https://www.mhc.tn.gov.in/judis/

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4 Crl O.P. No.30194 of 2015

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below does not prevent the petitioner from questioning the
relevancy, proof and admissibility of the documents, sought to be
marked as Additional documents. That right has been left open to
the petitioner. Therefore, the petitioner can always object to the
marking of the documents and the Court will decide regarding
the same, at the appropriate time.
6. In the result, the Criminal Original petition is
dismissed and the Court below is directed to complete the
D.V.C.No.23 of 2014, as expeditiously as possible, in accordance
with law. Consequently, the connected miscellaneous petition is
also closed.
17.06.2021
Index: Yes / No
Speaking order/Non-speaking order
rka

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https://www.mhc.tn.gov.in/judis/

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5 Crl O.P. No.30194 of 2015

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The Judicial Magistrate, Ambattur,

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The Additional Public Prosecutor, High Court of Madras, Chennai.

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https://www.mhc.tn.gov.in/judis/

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6 Crl O.P. No.30194 of 2015

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V.BHAVANI SUBBAROYAN.,J

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rka

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Crl.O.P.No.30194 of 2015

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17.06.2021

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https://www.mhc.tn.gov.in/judis/

Mr.Madan Mohan v. Mrs.Kamaleswari

Case brief

What is this about?

What did the court decide?

Mr.Madan Mohan v. Mrs.Kamaleswari

Case brief

What is this about?

What did the court decide?

What the court decided

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