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Madras High CourtCRL MP/2705/2025ordered

K.Shanmuga Priya v. K.Sai Krishnan

2025-02-19Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-02-2025

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL MP NO. 2705 of 2025 AND CRL RC NO. 1174 OF 2019 1.K.Shanmuga Priya 2.Minor S.Sai Aniruth Residing At, Flat No.310, Block A12, Alapakkam, Ssm Nagar, New Perungaluthur, Chennai-600 063. and another Petitioners Vs K.Sai Krishnan S/o. A.C.Krishnamurthy, No.7a, 4th Floor Jothir Akshata, Door No.5a, Munusami Salai, K.K.Nagar, Chennai-600 078.

Also At No.338, Vanchinathan Street, Ramakrishna Nagar, Valasaravakkam, Chennai600 087. Respondent(s) CRL RC NO. 1174 of 2019 K.Sai Krishnan S/o. A.Krishnamurthy, No.338, Vanchinathan Street, Ramakrishna Nagar, Valasaravakkam, Chennai-87.

Petitioner(s) Vs K.Shanmuga Priya W/o. K.Sai Krishnan. and another Respondent(s) Page No.1 of 4

For Petitioners:

Mr.K.S.Jeyaganeshan For Respondent(s):

Ms.D. Kamatchi

ORDER

This Criminal Miscellaneous Petition is filed to release and payout the deposit of Rs.1,00,000/- (Rupees One lakh only) standing to the credit of Crl.M.P.No.13261 in Crl.R.C.SR.No.41832 of 2019 as per the credit certificate issued by the Registry of this Court in Roc.No.11/2023/A2/Accts under due process of law.

2.The respondent/husband in M.C.No.305 of 2016 had filed the above revision challenging the order passed in M.C.No.305 of 2016 with a delay petition in Crl.M.P.No.13261 of 2019 in Crl.R.C.SR.No.41832 of 2019. This Court, by an order dated 30.09.2019, directed the petitioner to deposit a sum of Rs.1,00,000/-. Pursuant to the same, the petitioner deposited the amount of Rs.1,00,000/- in the Court deposit. Thereafter, the delay was condoned. The revision was numbered as Crl.R.C.No.1174 of 2019. After adjudication, this revision was disposed of by this Court on 09.06.2022. Page No.2 of 4

3.The learned counsel for the petitioners herein filed a original Credit Certificate issued by the Joint Registrar (Appellate Side) of Registry this Court in ROC.No.11/2023/A2(Accts) dated 22.02.2023 and the same is extracted hereunder:

"Certified that a sum of Rs.1,00,000/- (Rupees One lakh only) is now standing to the credit of Crl.M.P.No.13261 of 2019 in Crl.R.C.No.41832 of 2019, as Court deposit, which bears no interest."

4.The learned counsel for the revision petitioner/respondent herein has got no objection for the respondents/petitioners herein to withdraw the amount of Rs.1,00,000/-, which is lying in the Court deposit. In view of the above, the petitioners herein are permitted to withdraw the said amount. 5.The Registry is directed to release and payout the deposit of Rs.1,00,000/- (Rupees One lakh only) lying in the credit of Crl.M.P.No.13261 of 2019 in Crl.R.C.SR.No.41832 of 2019 to the petitioners herein/respondents in Crl.R.C.No.1174 of 2019. Page No.3 of 4

M.NIRMAL KUMAR, J.

rsi 6.Accordingly, this Criminal Miscellaneous Petition is ordered. 19.02.2025 rsi To

1. K.Sai Krishnan S/o. A.C.Krishnamurthy, No.7a, 4th Floor Jothir Akshata, Door No.5a, Munusami Salai, K.K.Nagar, Chennai-600 078.

Also At No.338, Vanchinathan Street, Ramakrishna Nagar, Valasaravakkam, Chennai-600 087.

2. K.Shanmuga Priya W/o. K.Sai Krishnan.

3. Minor S.Sai Aniruth S/o. Sai Krishnan, Minor Rep. By His Mother And Natural Guardian Tmt. K.Shanmuga Priya, Both Are Residing At Flat No.7a, 4th Floor, Jothir Akshata, No.5a, Muthusamy Salai, K.K.Nagar, Chennai-78. 4.The V Additional Family Court, Chennai.

Copy to:

1.The Joint Registrar, Appellate Side, High Court, Madras.

2.The Section Officer, Accounts Section, High Court, Madras.

CRL MP NO. 2705 of 2025 AND CRL RC NO. 1174 OF 2019 Page No.4 of 4