Madras High CourtCRL MP(MD)/7865/2020allowed

V.Appu @ Boopathy v. B.Menagagandhi

2021-01-06Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.7865 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of January Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.7865 of 2020 IN CRL RC(MD) No.736 of 2020 V.APPU @ BOOPATHY ... PETITIONER/PETITIONER Vs 1 B.MENAGAGANDHI 2 B.M.SRUTHIKA ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to stay all further proceedings in M.C.No.28 of 2016 on the file of the Learned Chief Judicial Magistrate, Tiruchirapplli pending disposal of the Above Criminal Revision Case.

Prayer in CRL RC(MD) No.736 of 2020:

To call for the records pertaining to the impugned order passed by the Learned Chief Judicial Magistrate, Tiruchirapplli passed in M.C.No.28 of 2016 dated 29.08.2018 and to set aside the same. 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.SREENIVASAN.M.R, Advocate for the petitioner and of Mr.ANANTHA PADMANABHAN, Advocate on behalf of the Respondents, while admitting the CRL RC., the court made the following order:- This petition has been filed to stay the further proceedings of the order in M.C.No.28 of 2016, dated 29.08.2018, on the file of the learned Chief Judicial Magistrate, Tiruchirapalli till the disposal of the Criminal Revision Case.

2.In view of the facts of the case, 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 one month from today (i.e.06.01.2021) and the petitioner is further directed to pay 50 % of the monthly maintenance amount on or before fifth of every month. Failing which, the interim stay already granted stands automatically vacated. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.7865 of 2020 3.In the above circumstances, this petition is allowed. sd/- 06/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI.

+1. C.C. to M/S.SREENIVASAN.M.R, Advocate SR.No. 140

ORDER

IN CRL MP(MD) No.7865 of 2020 IN CRL RC(MD) No.736 of 2020 Date :06/01/2021 MRN JM/VR/SAR III/06.01.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2