Madras High CourtCRL RC/164/2025dismissed

S.Ezhumalai v. E.Ranjani

2025-04-08Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-04-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.1284 of 2025

1. S.Ezhumalai S/o. Saman, No.A1/701, Mariamman Kovil 1st Street, Maruthuvar Colony Main Road, Nethaji Nagar (north), Perumal Pettai Post, Vaniyambadi Taluk, Thirupathur District - 635 751.

Petitioner(s) Vs

1. E.Ranjani W/o. Ezhumalai, 2.Master E.Gokulraj S/o.S.Ezhumalai Rep.By His Mother F.Ranjani, Both are Residing At No.13/50A, Kamarajar Street, Vakkanampatti Village, 1/4

Jolarpettai Post, Thirupathur Taluk And District.

Respondent(s) PRAYER This Criminal Revision Petition filed under Section 438 and 442 of BNSS, to call for the records and to set aside the order dated 06.11.2024 passed in Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial Magistrate, Thirupathur, Thirupathur District For Petitioner(s):

Mr.S.Sasikumar For Respondent(s):

S.Diraviam Dinesh

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 06.11.2024 passed in Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial Magistrate, Thirupathur, Thirupathur District .

2. The petitioner has filed this revision petition challenging the interlocutory order dated 06.11.2024 passed in Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial Magistrate, Thirupathur, 2/4

Thirupathur District. It is settled proposition of law that no revision is maintainable against the interlocutory order and the same is barred under Section 397(ii) Cr.P.C., The Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be exercised in relation to any interlocutory orders.

3. In view of the same, this Criminal Revision Petition is dismissed. However, the petitioner is at liberty to work out his remedy before the trial Court, in the pending maintenance case in M.C.No.6 of 2012. Consequently, connected miscellaneous petition is closed.

08-04-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Chief Judicial Magistrate, Thirupathur, Thirupathur District. 3/4

P.VELMURUGAN J and CRL MP No.1284 of 08-04-2025 4/4