John Bosco v. Ezhilrani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.27835 of 2018 and Crl. M.P. Nos. 16142 & 16144 of 2018 John Bosco

...Petitioner

Vs.

1. Ezhilrani

2. Minor Arthi Anandhi Rep. by next friend/Guardian Ist Respondent (Given up in the Lower Court)

...Respondents

Prayer:

Petition filed under Section 482 of Cr.P.C., to allow this petition and set-aside the order dated 07.07.2018 passed in Criminal Revision Petition No. 11 of 2016 in the Court of the Principal Sessions Judge, Cuddalore District, Cuddalore confirming the order dated 23.02.2016 passed in C.M.P. No. 4469 of 2014 in M.C. 29 of 2013 on the file of the Judicial Magistrate No.II, Panruti.

For Petitioner : Mr.D.Baskar For Respondents : Mr. A.S.Alaguraja

O R D E R

The present petition has been filed against the order dated 07.07.2018 passed in C.R.P. No. 11 of 2016 by the Court of the Principal Sessions Judge, Cuddalore District, Cuddalore confirming the order dated 23.02.2016 passed in C.M.P. No. 4469 of 2014 in M.C. 29 of 2013 on the file of the Judicial Magistrate No.II, Panruti.

2. The learned counsel appearing for the petitioner submitted that the present original petition arises out of challenging the interim maintenance awarded by the trial Court in CMP. No.4469 of 2014 dated 23.02.2016 in MC.No.29 of 2013 on the file of the learned Judicial Magistrate-II, Panruti and further, to permit the petitioner to raise all the issues in the main case during trial and issue direction to the trial Court to complete the trial within the reasonable time as fixed by this Court.

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3. Considering the limited relief sought for by the petitioner, without going into the merits of the case, this Court directs the petitioner to deposit the entire maintenance amount awarded by the trial Court in MC.No.29 of 2013, less the amount, if any already deposited, within a period of two weeks from the date of receipt of a copy of this order. Further, the learned Principal Sessions Judge, Cuddalore shall complete the trial within a period of three months from the date of receipt of a copy of this order.

4. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To

1. The Principal Sessions Judge, Cuddalore.

2.The Judicial Magistrate-II, Panruti.

3. The Chief Judicial Magistrate, Cuddalore.

+1 CC to M/s.D.Baskar, Advocate, Sr.No. 45070. +1 CC to M/s.A.S.Alaguraja, Advocate, Sr.No. 45005. Crl.O.P.No.27835 of 2018 KSM(CO) LS(30/09/2021) https://hcservices.ecourts.gov.in/hcservices/