The present Criminal Original Petition has been filed to set aside the order dated 03.01.2017 passed by the learned Judicial Magistrate, Ambattur in CMP.No.7216 of 2016 and pass order to rehear the petition in accordance with law.
2. It is the case of the petitioner that for registering the birth of his son by name, S.L.Berin Shalon, he has filed a petition in CMP.No.7216 of 2016 before the learned Judicial Magistrate, Ambattur. Along with the said petition, he has enclosed an affidavit of a third party, who witnessed the birth of the petitioner's son on 16.04.2014. As ordered by the learned Magistrate, paper publication was effected by the petitioner. However, on 03.01.2017, when the petition was taken up for hearing, due to unavoidable reasons, the petitioner was not able to represent the case, due to which, the said petition was dismissed. Hence, this Criminal Original Petition.
3. Heard both sides and perused the materials.
4. Considering the facts and circumstances of the case and also taking note of the fact that the birth certificate of the petitioner's son is very much essential for getting admission in the school, the impugned order dated 03.01.2017 made in CMP.No.7216 of 2016 is set aside. The matter is remitted back to the learned Judicial Magistrate, Ambattur for fresh disposal, who, shall take up the petition and dispose of the same in accordance with law on or before 03.03.2017. The petitioner is directed to appear before the learned Magistrate on 28.02.2017, on which date, necessary documents with respect to his son's date of birth, be produced.
5. This Criminal Original Petition is disposed of in the above terms.
22.02.2017 Index:Yes/No rk NOTE : ISSUE ORDER COPY ON 24.02.2017 To
1. Judicial Magistrate, Ambattur.
2. The Commissioner, Chennai Corporation, Zone -7, Ambattur, Chennai – 600 053.
R.MAHADEVAN, J.
rk Crl.OP.No.1592 of 2017 22.02.2017 http://www.judis.nic.in