Madras High CourtCRL RC/391/2011dismissed for nonprosecution

M.Selvathukuamran@Raja v. S.Sangeetha

2018-02-08Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2018

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR Crl.R.C.No.391 of 2011 M.Selvamuthukumaran ... Petitioner/Petitioner Vs 1.S.Sangeetha 2.Minor Hasitha @ Vineswari 3.Minor Madhuvarshini (Minor Respondents 2 and 3 are represented by the Guardian, Mother the 1st Respondent) ... Respondents/Respondents Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C.to call for the entire records insofar relates to order passed in C.M.P.No.6280 of 2010 in M.C.No.2 of 2010 dated 16.12.2010 on the file of the Judicial Magistrate-II, Chidambaram, Cuddalore District and set aside the same by allowing this revision.

For Petitioner : No appearance

O R D E R

No representation for the revision petitioner. This revision petition has been filed as against the interim maintenance order passed by the Judicial Magistrate No.II, Chidambaram in C.M.P.No.6280 of 2010 in M.C.No.2 of 2010. In fact, the order made is only modification order. Originally, the Judicial Magistrate has awarded maintenance of Rs.5,000/- per month in Crl.M.P.No.8138 of 2009 which sought to be modified by the revision petitioner and the learned Magistrate after hearing both sides has modified the maintenance amount from Rs.5,000/- to 3,500/-. As against which the present revision has been filed in the year 2011.

2. For the past seven years the revision petitioner has not taken any steps to serve the notice to the respondent/deserted wife. The conduct of the revision petitioner just filing revision petition and not taking any steps to serve notice, https://hcservices.ecourts.gov.in/hcservices/

clearly indicates that only in order to avoid the implementation of the order passed by the trial Court he is pursuing this revision all these years. Today there is no representation. Hence this revision petition is dismissed for non prosecution.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ggs To 1.

The Judicial Magistrate - II, Chidambaram, Cuddalore District.

Copy To The Section Officer, Criminal Section, High Court, Madras Crl.R.C.No.391 of 2011 VGII(CO) CS/18/04/18 https://hcservices.ecourts.gov.in/hcservices/