SEKAR REPORTER

Court News from Madras High Court

The learned Family Court Judge, Thiruvallur is directed to issue fresh summon to the Head master/Principal of Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072 for appearance and to give evidence as to the matters dealt in the petition filed in Crl.M.P.No.3 of 2023. If the witness again refuses to receive the summon, the learned Family Court Judge, Thiruvallur is directed to take coersive steps as indicated above, including under the provision under Section 93 of Cr.P.C. 6. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous petition is closed. 16.03.2023 mn Index:Yes/No Speaking Order: Yes/No Note: Issue order copy on 16.03.2023 G.CHANDRASEKHARAN.J., mn To The Family Court, Thiruvallur. Crl.O.P.No.6027 of 2023 and Crl.M.P.No.3795 of 2023 16.03.2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.03.2023
CORAM
THE HON’BLE Mr. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.6027 of 2023 and Crl.M.P.No.3795 of 2023
E.Balasubramaniam …Petitioner
Vs.
1. B.Sangeetha
2. Minor B.S.Anjana Shree
represented by Mother B.Sangeetha …Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the Family Court, Thiruvallur to issue witness warrant to the Head Master/Principal of Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072 in
M.C.No.20 of 2019 on the file of Family Court, Thiruvallur, under Section 70 Cr.P.C and/or issue a search warrant under Section 93 of Cr.P.C.
For Petitioner : Mr.M.Dharani Dharan
ORDER
This Criminal Original Petition has been filed to direct the Family
Court, Thiruvallur, to issue witness warrant to the Head Master/Principal of
Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram,
Chennai-600 072 in M.C.No.20 of 2019 on the file of Family Court,
Thiruvallur, under Section 70 Cr.P.C and/or issue a search warrant under Section 93 of Cr.P.C.
2. It is the submission of the learned counsel for the petitioner that the petitioner filed a petition in Crl.M.P.No.3 of 2023 in M.C.No.20 of 2019 to show that the first respondent B.Sangeetha is working at Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072 and for production of employments details and salary details. This petition was allowed on 07.02.2023 with a direction to issue summon to the witness namely, Head master/Principal of Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072. The witness namely, Head master/Principal of Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072, refused to receive the summon stating that the first respondent B.Sangeetha is not working in the said school. The learned Family Court Judge, Thiruvallur without taking coersive steps against the witness for appearance before the Court for giving evidence, adjourned the matter to 20.02.2023 for arguments. Therefore, this petition.
3. Considered the submission of the learned counsel for the petitioner and perused the records.
4. Even if the respondent is not working in Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072, it is the duty of the Head Master/Principal of the said school, to receive the summon and attend the Court and give evidence on the matters for which he/she was summoned. He/she cannot refuse to receive the summon. The learned Family Court Judge, Thiruvallur, ought to have taken coersive steps like issuing bailable witness warrant against the witness by enforcing attendance. Without doing so, posting the matter for arguments is not correct and appropriate.
5. The learned Family Court Judge, Thiruvallur is directed to issue
fresh summon to the Head master/Principal of Annai Lourd Higher Secondary School, Rajeev Gandhi Nagar, Pattabiram, Chennai-600 072 for appearance and to give evidence as to the matters dealt in the petition filed in Crl.M.P.No.3 of 2023. If the witness again refuses to receive the summon, the learned Family Court Judge, Thiruvallur is directed to take coersive steps as indicated above, including under the provision under Section 93 of Cr.P.C.
6. With the above direction, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous petition is closed.
16.03.2023
mn
Index:Yes/No
Speaking Order: Yes/No
Note: Issue order copy on 16.03.2023
G.CHANDRASEKHARAN.J.,
mn
To
The Family Court, Thiruvallur.
Crl.O.P.No.6027 of 2023 and Crl.M.P.No.3795 of 2023
16.03.2023

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