Madras High CourtCRL OP(MD)/14963/2015disposed of

R.Manickam v. K.Subashini,

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Criminal Original Petition (MD) No.14963 of 2015 R.Manickam ... Petitioner/Petitioner/Petitioner Vs.

1.K.Subashini 2.Minor M.Poorna Ramachandran 3.Minor M.S.Shri Anandha Ahobila ..Respondents/Respondents (Minor R2 and R3 are represented through their monther and guardian R1) Respondents PRAYER: This petition is preferred under Section 482 Cr.P.C to call for the record and to set aside the order passed in Crl.R.C.No.5 of 2015 dtaed 08.07.2015 passed by the learned II Additional Sessions Judge, Tuticorin was pleased to allow the revision petition in so far as the extension of time for payment of the costs imposed by the learned Chief Judicial Magistrate, Thoothukudi and confirming the order of payment of costs of Rs.15,000/- imposed by the learned Chief Judicial Magistrate, Thoothukudi dated 12.02.2015 passed in Crl.M.P.No.117 of 2015 and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.B.Jameel Arasu

ORDER

This Criminal Original Petition has been filed under Section 482 of Cr.P.C to set aside the order passed in Crl.R.C.No.5 of 2015 dated 08.07.2015 passed by the learned II Additional Sessions Judge, Tuticorin. 2.Heard the learned counsel appearing for the petitioner. 3.Considering the trivial nature of the case, this Court has not issued notice to the respondents, as it will amount to agony if the case is prolonged.

4. The only ground raised by the learned counsel for the petitioner is that the order passed by the court below with respect to the payment of costs is onerous. The learned counsel for the petitioner submitted that the petitioner was not able to appear before the Court for only one hearing.

5.Considering the facts and circumstances of the case, this Court is inclined to modify the order passed by the trial Court. Accordingly, the petitioner is directed to pay a sum of Rs.7500/-(Rupees seven thousand and five hundred only) to the respondent No.1 within a period of two weeks from the date of receipt of copy of this order. https://hcservices.ecourts.gov.in/hcservices/

6. With the above direction, this petition is disposed of. Ses Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The IInd Additional District and Session Judge, Thoothukudi 2.The chief Judicial Magistrate, Thoothukudi. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

1CC to M/S.B.Jameel Arasu,Advocate, SR.No.43691 Crl.O.P(MD).No.14963 of 2015 2P/5C AM/AN.MP/SAR-II/26.08.2015.

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