Madras High CourtCRL RC/278/2014dismissed for nonprosecution

P.Janakiraman v. V.Sumathi

2017-04-12Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Criminal R.C.No.278 of 2014 and M.P.No.1 of 2014 1.P.Janakiraman 2.Pitchandi 3.Abirami ... Petitioners/Respondents Vs.

V. Sumathi ... Respondent/Petitioner PRAYER: Criminal Revision filed under Section 397 and 401 of Criminal Procedure Code praying to set aside the order dated 17.01.2014, passed in Crl.M.P.No.8751 of 2011 in M.C.No.24 of 2011 by the learned Judicial Magistrate No.2, Puducherry. For Petitioners : No appearance For Respondent : Mr. Stalin Abhimanyu

ORDER

This revision has been filed against an order dated 17.01.2014 in Crl.M.P.No.8751 of 2011 in M.C.No.24 of 2011 passed by the learned Judicial Magistrate No.2, Puducherry, granting interim maintenance to the petitioner. 2.When the above matter came up for hearing earlier on 16.03.2017, the learned counsel for the petitioners submitted that the matter is likely to be settled between the parties and seek time. Hence, the matter was adjourned to 23.03.2017. On that day also, he took adjournment. Hence, the matter was posted to 05.04.2017. The matter was called on 11.04.2017, there is no representation for the petitioner. Hence, the matter was posted 'For Dismissal' on 12.04.2017. Even today, there is no representation.

3.In the above circumstances, the criminal revision is dismissed for default. However, the learned counsel for the respondent submitted that some amount has been deposited by the petitioner towards arrears of maintenance and seeks permission of this Court to withdraw the same.

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4. Accordingly, this Criminal Revision is dismissed for default. The respondent is permitted to withdraw the amount already deposited in the account of M.C.No.24 of 2011, on the file of the learned Judicial Magistrate No.2, Puducherry. Connected M.P. is closed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To The Judicial Magistrate No.2, Puducherry.

+1 CC to Mr. Stalin Abhimanyu, sr 22652(17/04/2017) Criminal R.C. No.278 of 2014 SR(CO) sp/12/4 https://hcservices.ecourts.gov.in/hcservices/