Mohan v. Tmt.Usha@Ayyammal

CRL MP(MD) No.3780 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirty First day of July Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.3780 of 2020 IN CRL RC(MD) No.433 of 2020 MOHAN ... PETITIONER/ PETITIONER/ RESPONDENT Vs 1 USHA @ AYYAMMAL 2 MINOR SON GOPINATH REP. BY GUARDIAN M.USHA @ AYYAMMAL ... RESPONDENTS/ RESPONDENTS/ PETITIONERS Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to grant an Ad-Interim Stay of Operation of the impugned order dated 31/01/2020 in M.C.No.5 of 2016 on the file of the Judicial Magistrate Court NO.II, Sattur, Pending disposal of the above Crl.R.C and thus render justice.

Prayer in CRL RC(MD). 433/ 2020 :

To call for the records relating to the order dated 31.01.2020 in M.C.No.5 of 2016 on the file of Judicial Magistrate Court No.II, Sattur and set aside the same as illegal and allow this Criminal revision as prayed for and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.J.SULTHAN BASHA, Advocate for M/S.AJMAL ASSOCIATES for the petitioner, the court made the following order:- This petition has been filed to grant an interim stay of operation of the impugned order dated 31.01.2020 in M.C.No.5 of 2016 on the file of the learned Judicial Magistrate No.II, Sattur pending disposal of the above Crl.R.C.

2.On the side of the petitioner, it is stated that the petitioner is willing to deposit 50 % of arrears amount of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only) within a period of 45 days and prayed to grant an interim stay. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3780 of 2020 3.In view of the above, this petition is allowed and the petitioner is directed to deposit a sum of Rs.2,30,000/- (Rupees Two Lakhs Thirty Thousand only) within a perod of 45 days from the date of receipt of copy of this order and thereafter, the petitioner is directed to pay 50 % of the monthly maintenance amount on or 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/- 31/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, SATTUR.

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

ORDER

IN CRL MP(MD) No.3780 of 2020 IN CRL RC(MD) No.433 of 2020 Date :31/07/2020 MS/JC/SAR-2/04.08.2020/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2