Madras High CourtCRL OP(MD)/2255/2021allowed

R. Radhakrishnan v. The Inspector Of Police

2021-02-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of March Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.2255 of 2021 IN CRL RC(MD)No.207 of 2021 A.SARAVANAN ... PETITIONER/PETITIONER Vs S.PADMA PRIYA ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to stay the operation of the order in M.C.No.16 of 2013 on the file of the Judicial Magistrate Court, Rajapalayam, pending disposal of the above Criminal Revision petition.

Prayer in CRL RC(MD)No.207 of 2021:

To set aside the order passed in M.C.No.16 of 2013 on the file of the Judicial Magistrate Court, Rajapalayam, dated 25.01.2021 and allow the Criminal Revision Petition.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.VAKEESWARAN C, Advocate for the petitioner, the Court made the following order:- This petition has been filed to stay the further proceedings of the order in M.C.No.16 of 2013, dated 25.01.2021, on the file of the Judicial Magistrate Court, Rajapalayam till the disposal of the Criminal Revision Case.

2.On the side of the petitioner, it is stated that the petitioner is ready to deposit half of the monthly maintenance amount and half of the arrears amount(*)without prejudice to his case and prayed to grant interim stay of the proceedings. 3.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to grant interim stay till the disposal of the criminal revision case on condition that the petitioner has to deposit 50 % of the arrears amount within a period of four weeks from today (i.e.17.03.2020) and the petitioner is https://hcservices.ecourts.gov.in/hcservices/

further directed to pay the monthly maintenance amount on or before fifth of every month(*)without prejudice to his case of the petitioner. Failing which, the interim stay already granted stands automatically vacated.

4.In the above circumstances, this petition is allowed. sd/- 17/03/2021 (*)Corrected as per order issue dated 26.03.2021 in CRL MP(MD)No.2255 of 2021 in CRL RC(MD)No.207 of 2021 by RTJ.

(*)Time for deposit is extended from the date of issuance of new order copy.

/ TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO (*)To be substituted with the order dated 17/03/2021 already despatched

1. THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

+ 1 CC TO Mr.VAKEESWARAN C, ADVOCATE IN SR No. 2175

ORDER

IN CRL MP(MD) No.2255 of 2021 IN CRL RC(MD)No.207 of 2021 Date :17/03/2021 MRN TE/JC/SAR-IV : 22/03/2021 : 2P/4C TK/VR/SAR.1/07.04.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/