This Criminal Original Petition has been filed to set aside the order dated 21.6.2017 passed by the III Additional Sessions Judge Court, Salem, in C.A.No.109 of 2016 in DVOP 32 of 2013 against 1st Appellant.
2. Since the petitioner had not taken steps as against 1st respondent in the trial Court, the petition as against the 1st respondent came to be dismissed.
3. Today, when the matter was called, the learned counsel for the petitioner submitted that a sympathetic view may be taken and one more opportunity may be granted to the petitioner to take steps against the 1st respondent in the Domestic Violence Proceedings.
4. It is true, that the learned III Additional Sessions Judge, Salem, had given ample opportunity to the petitioner to take steps to serve notice to the first respondent from 14.12.2016. However, when a request is made on sympathetic ground and also when the petitioner undertakes to take steps to serve notice to the first respondent, this Court is of the view that one more opportunity may be granted to the petitioner.
5. In view of the same, the Order dated 21.6.2017 passed by the learned III Additional Sessions Judge, Salem, passed in Crl.A.No.109 of 2016 in DVOP 32 of 2013 is set aside. The petitioner is permitted to take steps privately to the first respondent in DVOP 32 of 2013 returnable by 21.8.2017.
6. With the above observation, the Criminal Original Petition is allowed. Connected Miscellaneous Petition is closed.
26.07.2017 Index:Yes/No Internet: Yes/No.
ggs Note: Issue order copy on 27.07.2017 To
1. III Additional Sessions Judge, Salem
2.The Public Prosecutor, High Court, Madras.
M.S.RAMESH.J, ggs Crl.O.P.No.14691 of 2017 and Crl.M.P.No.9305 of 2017 26.07.2017