Madras High CourtCRL MP(MD)/1912/2021allowed

Samsu v. Sheik Mohammed

2021-03-16Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.1912 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.1912 of 2021 in CRL RC(MD)No.467 of 2019 SAMSU ... PETITIONER/RESPONDENT Vs SHEIK MOHAMMED ... RESPONDENT/PETITIONER Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to withdraw the amount of Rs. 30,000/- deposited by the Respondent / Petitioner in Family Court, Tirunelveli vide Crl MP (MD)No.6471/2019 (Petition for interim stay ) in Crl. R.C (MD) No. 467/2019 dated 05/08/2019.

Prayer in CRL MP(MD). 6471/ 2019 :

To stay all further proceedings in Cr.M.P.No.280/2018 in M.C.No.72/2015 on the file of the Family Court, Tirunelveli pending disposal of this Criminal Revision Case.

Prayer in CRL RC(MD)No.467 of 2019:

To call for the records pertaining to the order passed in Cr.M.P.No.280/2018 in M.C.No.72 of 2015 on the file of the Family Court, Tirunelveli dated 12.04.2019 and set aside the same in the interest of justice.

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.M.SANKAR, Advocate for the petitioner and of Mr.T.SELVAN, Advocate on behalf of the Respondent, the Court made the following order:- This petition has been filed to withdraw the amount of Rs.30,000/- deposited by the respondent in the Family Court, Tirunelveli vide Crl.M.P.No.6471 of 2019 in Crl.R.C.(MD)No.467 of 2019 dated 05.08.2019.

2.On the side of the petitioner, it is stated that the petitioner is suffering from illness and she required some amount https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.1912 of 2021 for her treatment and prayed the petitioner may be permitted to withdraw the aforesaid deposited amount.

3.On the side of the respondent, it is stated that the amount may be withdrawn without prejudice to the case of the respondent. 4.In view of the submission made by both the counsels, without prejudice to the case of the respondent, the petitioner is permitted to withdraw a sum of Rs.30,000/- (Rupees Thirty Thousand only) deposited by the respondent in M.C.No.72 of 2015 on the file of the Family Court, Tirunelveli.

5.Post the main case on 25.03.2021.

sd/- 16/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE JUDGE, FAMILY COURT, TIRUNELVELI.

ORDER

IN CRL MP(MD) No.1912 of 2021 in CRL RC(MD)No.467 of 2019 Date :16/03/2021 Mrn AE/SMA/SAR-II (19/03/2021) 2P / 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2