Sundharamoorthi v. S.Sudhasri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.03.2018 Coram THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.R.C.No.386 of 2011 and M.P.No.1 of 2011 Sundharamoorthi ... Petitioner/Respondent Vs.

1.S.Sundhasri 2.Minor Kishore Kumar S/o.Sundharamoorthi, Minor Rep. by Next Friend and Guardian ... Respondents Criminal Revision Case filed under Sections 397 r/w 401 of Criminal Procedure Code to set aside the order passed by the Chief Judicial Magistrate, Erode in MC No.45/2009 dated 12.10.2010. For Petitioner : No Appearance For Respondent : No Appearance

ORDER

There is no representation for the revision petitioner. On perusal of the records, though, this Court granted interim stay in MP.No.1 of 2011 in Crl.R.C.No.386 of 2011 on condition that the petitioner shall deposit 50% of the arrears of the maintenance amount as awarded by

the Court below.

2.

The revision petitioner having obtained the order of interim stay from this Court, has not paid any amount. Therefore, the interim stay passed in MP.No.1 of 2011 shall automatically stands vacated. However, this revision alone is kept pending. But the revision petitioner has not shown any interest in pursuing the revision. 3.

I have perused the entire materials and propose to dispose of the revision on merits and this Court does not find any infirmities or illegalities passed in the orders by the Trial Court. Thus Revisional Jurisdiction cannot be exercised as a matter of right, unless the order passed by the Trial Court is perverse or against the law. 4.

Accordingly, the Criminal Revision is dismissed. Consequently, the connected miscellaneous petition is also dismissed. 08.03.2018 rka

Speaking / Non Speaking Index : yes / no Internet : yes / no N.SATHISH KUMAR, J.

rka To Chief Judicial Magistrate, Erode.

CRL.R.C.No.386 of 2011

08.03.2018