Madras High CourtCRL RC/2186/2024dismissed

S.I.Aslam v. J.Asha Beevi

2025-03-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.17209 of 2024

1. S.I.Aslam S/o. Syed Ismail Alias Mohammed Ismail, Represented By His Power Agent, Hytheroos Koya, Flat No. 607, Manikandan Block, Chitra Avenue, Choolaimedu High Road, Chennai 600 094 Petitioner(s) Vs

1. J.Asha Beevi W/o. S.I. Aslam, No. 4/46, 1st Extension Cross Street, TSD Nagar, Arumbakkam, Chennai 600 106 2.Minor A. Arif S/o. S.I. Aslam 1/4

3.Minor A. Aneesha S/o. S.I. Asiam, Minor 2 and 3 are Represented By Their Mother And Natural Guardian, J. Asha Beevi, No. 4/46, 1st Extension Cross Street, Chennai 600 106 Respondent(s) PRAYER Criminal Revision Petition filed under Section 442 of BNSS, to set aside the order dated 30.10.2024 passed in MP. No. 1316 of 2024 in M.C.No. 641 of 2022 by the III Additional Principal Family Court at Chennai. For Petitioner(s):

Y.Kajanavas For Respondent(s):

M/s.S.William

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 30.10.2024 passed in MP. No. 1316 of 2024 in M.C.No. 641 of 2022 by the III Additional Principal Family Court at Chennai.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.

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3. The petitioner has challenged the Interlocutory Order dated 30.10.2024 passed in M.P. No. 1316 of 2024 in M.C.No. 641 of 2022 by the III Additional Principal Family Court at Chennai. It is well settled proposition of law that no revision is maintainable against the Interlocutory Order and the same is barred under Section 397(ii) of Cr.P.C. Section 397 (ii) Cr.P.C., clearly stated that powers of revision cannot be exercised in relation to any interlocutory orders.

4. In view of the same, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to take all his defence before the Family Court in the pending maintenance case in M.C.No. 641 of 2022.

28-03-2025 ( 1/ 2) mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To III Additional Principal Family Court at Chennai 3/4

P.VELMURUGAN J mfa and CRL MP No.17209 of 2024 28-03-2025 4/4