This Criminal Original Petition has been preferred seeking to call for the records relating to the proceedings in M.C. No.15 of 2016 on the file of the Judicial Magistrate Court, Melur (for brevity "the Trial Court") and quash the same.

2. The primary issue in this case relates to the paternity of the Tamil film star Dhanush.

3. For the sake convenience, the parties will be referred to by their name, referring specially to the petitioners before the Trial Court as "Kathiresan couple".

4. It is the specific case of the Kathiresan couple that:-

a. they hail from Melur Village;

b. a son was born to them on 07.11.1985 who was named Kalaichelvan;

c. Kalaichelvan studied upto VIII standard in R.C. Middle School in Sivagangai Main Road, Melur and thereafter, he studied in Government Boys Higher Secondary School, Melur, upto X standard, which, he completed in March 2002 securing 337 marks;

d. then, he was admitted to XI standard in Arumugampillai Seethai Ammal Higher Secondary School in Tirupattur, Sivagangai District and he attended classes for a month, after which, he had left for Chennai to join the film industry to become a great actor, director and producer of films, where, he changed his name to Dhanush and got married to Aiswarya, the elder daughter of Rajinikanth, popular cine actor;

e. since Kalaichelvan @ Dhanush had failed and neglected to take care of the Kathiresan couple, later, the said couple issued a legal notice for maintenance on 04.10.2016 to Dhanush, which was returned unserved and hence, on 02.11.2016, the couple filed a petition under Section 125, Cr.P.C., before the Judicial Magistrate, Melur, claiming Rs.65,000/- per month as maintenance, which was taken on file as M.C.No.15 of 2016;

f. simultaneously, the Kathiresan couple also filed an interlocutory application in C.M.P. No.5626 of 2016 in M.C. No.15 of 2016 claiming interim maintenance of Rs.65,000/- per month, advocate fee and other expenses of Rs.1 lakh.

4. On 25.11.2016, the Trial Court ordered notice to Dhanush returnable by 12.01.2017. On coming to know of the proceedings against him from the media, Dhanush engaged an advocate who filed vakalat on 07.12.2016 and obtained copies of the petition in M.C. No.15 of 2016 and C.M.P. No.5626 of 2016, on the strength of which, he has preferred the present quash application before this Court on 11.01.2017.

5. On 12.01.2017, the advocate appeared on behalf of Dhanush before the Trial Court and filed an application seeking exemption of his presence, which was allowed by the Magistrate and the case was adjourned to 03.03.2017.

6. On 25.01.2017, this quash application came up for admission and this Court (G. Chockalingam, J.), ordered notice on the Kathiresan couple returnable by 08.02.2017. On 08.02.2017, Brother Chockalingam, J., passed the following order:-

"Counter affidavit is filed by the respondents. Both parties are directed to file documents, if any, to prove their case. Post on 09.02.2017 at 2.15 p.m. for final hearing."

7. The case docket shows that Brother Chockalingam, J., has heard this case on several dates and during one such hearing, the learned counsel for the Kathiresan couple produced a document purported to be a certified copy of the Transfer Certificate issued by the Government Boys Higher Secondary School, Melur, relating to their son Kalaichelvan, in which, the following identification marks are recorded:-

1. a mole over left collar bone

2. a scar in the left elbow

8. Dhanush was asked to file an affidavit affirming whether or not he has the aforesaid marks, for which, he filed an affidavit executed before a Notary Public on 20.02.2017 denying the same. This affidavit was taken on file by this Court on 22.02.2017 and the case was posted to 24.02.2017, on which date, Brother Chockalingam, J. directed Dhanush to be present before this Court on 28.02.2017 for verification of his identification marks.

9. On 28.02.2017, Dhanush appeared before this Court and in the chambers of the Registrar-Judicial, his ide