Asiq Ali v. Sheik Faritha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighth day of December Two Thousand and Twenty PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.5437 of 2020 IN CRL RC(MD) No.599 of 2020 1 ASIQ ALI 2 NOORJAHAN 3 RUBIA BANU 4 ABDUL HAKEEM 5 ABBAS MANTHIRI 6 KAMARNISHA 7 IRFANA FATHIMA ... PETITIONERS/PETITIONERS/ RESPONDENTS Vs 1 SHEIK PARITHA 2 MOHAMED ATHIFF ... RESPONDENTS/RESPONDENTS/ PETITIONERS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an Ad-interim stay of operation of the impugned order dated 12.01.2018 in M.C.No.14/2014 on the file of the Judicial Magistrate Court Ottanchatram, pending disposal of the above Criminal Revision Petition.

Prayer in CRL RC(MD) No.599 of 2020:

To call for the records relating to the order dated 12.01.2018 in M.C.No.14 of 2014 on the file of Judicial Magistrate Court, Ottanchatram and set aside the same as illegal and allow this Criminal revision.

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.AJMAL KHAN, Senior Counsel for M/S.AJMAL ASSOCIATES, for the petitioners, the Court made the following order:- This petition has been filed to grant an interim stay of operation of the impugned order dated 12.01.2018 in M.C.No.14 of 2014 on the file of the learned Judicial Magistrate, Oddanchatrum pending disposal of the above revision.

https://hcservices.ecourts.gov.in/hcservices/

2.On the side of the petitioner, it is stated that this Court has passed an order in Crl.M.P.(MD)No.2867 of 2020 dated 18.08.2020, directing the petitioner to deposit 50% of arrears amount and 50% monthly maintenance amount on or before 10th every month. The petitioner is complying the condition regularly imposed by this Court and prayed to grant an interim stay.

3.It is seen that the petitioner has deposited the entire arrears amount and an affidavit was already filed to that effect. 4.In view of the above, this petition is allowed and the petitioner is directed to pay 50 % of the monthly maintenance amount before the 10th day of every month without fail, failing which, interim stay granted shall stand automatically vacated, without any reference to this Court.

sd/- 08/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, OTTANCHATRAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

+ 1 CC TO M/S.AJMAL ASSOCIATES, ADVOCATE IN SR No. 7977

ORDER

IN CRL MP(MD) No.5437 of 2020 IN CRL RC(MD) No.599 of 2020 Date :08/12/2020 MRN TE/JC/SAR-IV : 11/12/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/