Abdul Basith vs Asfa Ilham
2022 Latest Caselaw 9662 Mad

                                                                                 Crl O.P.No.10422 of 2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.06.2022

                                                      CORAM:

                                  THE HON'BLE MR.JUSTICE N. SATHISH KUMAR

                                              Crl.O.P.No.10422 of 2022
                                                        and
                                          Crl.M.P.Nos.6239 & 6229 of 2022


                     Abdul Basith                                                  ... Petitioner

                                                           Vs

                     Asfa Ilham                                                   ... Respondent

                     PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,

                     to call for the records relating to the proceedings in M.C.No.46 of 2021,

                     on the file of the Hon'ble Judicial Magistrate (FAC) Additional Mahila

                     Court, Alandur, Chennai and pass order to quash the same in so far as the

                     petitioner is concerned.



                                          For Petitioner        : Mr.B.Jawahar




                     Page No.1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                   Crl O.P.No.10422 of 2022


                                                          ORDER

This Criminal Original Petition has been filed seeking to quash the

proceedings in M.C.No.46 of 2021, on the file of the learned Judicial

Magistrate (FAC) Additional Mahila Court, Alandur, Chennai.

2. When this Court about to dismiss the petition which is filed to

quash the maintenance proceedings, learned counsel for the petitioner

seeks permission of this Court to dispense with the personal appearance

of the petitioner before the Trial Court.

3. Accordingly, personal appearance of the petitioner is dispensed

with before the trial Court except date fixed by the trial Court and at the

time of passing judgment.

4. The witnesses shall be cross examined on the same day, when

they examined in chief. There should not be any further delay in cross

examining the witnesses. In the event of any delay caused by the

accused, the Trial Court is at liberty to issue necessary warrant.

https://www.mhc.tn.gov.in/judis Crl O.P.No.10422 of 2022

5. Accordingly, this Criminal Original Petition stands dismissed.

Consequently, connected Crl.M.P.No.6229 of 2022 is ordered and

Crl.M.P.No.6239 of 2022 is closed.

08.06.2022

Index: Yes/No Internet: Yes/No shk/ham

To

1.The learned Judicial Magistrate (FAC) Additional Mahila Court, Alandur, Chennai.

https://www.mhc.tn.gov.in/judis Crl O.P.No.10422 of 2022

N. SATHISH KUMAR, J.

shk/ham

Crl.O.P.No.10422 of 2022 and Crl.M.P.Nos.6239 & 6229 of 2022

08.06.2022

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