Rajamanickam.R v. P.Dhanalakshmi

CRL MP(MD) No.3694 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of June Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL MP(MD) No.3694 of 2021 in CRL RC(MD) No.366 of 2021 R.RAJAMANICKAM ... PETITIONER/ PETITIONER Vs 1 P.DHANALAKSHMI 2 MINOR SANJAI 3 MINOR MANMATHAKUMAR (MINOR RESPONDENTS NO.2 AND 3 ARE REP BY THEIR MOTHER AND GUARDIAN - P.DHANALAKSHMI 1st RESPONDENT HEREIN) ...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 the operation of the order made in M.C.No.3/2018 dated 05.04.2021 passed by the learned Judicial Magistrate No.II, Usilampatti, Madurai District, till the disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD)No.366 of 2021:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to call for the records pertaining to the order passed in M.C.No.3/2018 dated 05.04.2021 passed by the learned Judicial Magistrate No.II, Usilampatti, Madurai District and set aside the same by allowing this 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.K.PANDIARAJAN, Advocate for the petitioner and of Mr.K.R.LAXMAN, Advocate for the Respondents, while admitting the Criminal Revision Petition, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to stay the operation of the order, made in M.C.No.3 of 2018, dated 05.04.2021, passed by the learned Judicial Magistrate No.II, Usilampatti, Madurai District, till the disposal of the Criminal Revision.

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CRL MP(MD) No.3694 of 2021 2.The learned counsel for the petitioner would submit that earlier, ie., on 05.05.2021, this Court granted interim stay on condition that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of M.C.No.3 of 2018 on or before 03.06.2021. Due to COVID-19 pandemic situation and the Subordinate Courts are not functioning, the petitioner was not able to pay the said amount in time and he is ready to pay the amount even today by way of any other mode.

3.Mr.K.R.Laxman, learned counsel, undertakes to file vakalat for the respondents and he submits that total maintenance amount to be paid by the petitioner is more than Rs.4,00,000/- (Rupees Four Lakhs only) and the petitioner has to deposit at least 50% of the maintenance amount.

4.Considering the above submissions made by both the parties and also considering the pandemic situation, there shall be an order of interim stay on condition that the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only), either by way of Demand Draft in the name of the respondent / Dhanalakshmi or any other mode (E-pay, Online, etc.,) within two weeks from the date of receipt of copy of this order. If the petitioner fails to deposit the said amount within the stipulated time, the stay granted shall stand automatically vacated. sd/- 04/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI, MADURAI DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

ORDER

IN CRL MP(MD) No.3694 of 2021 in CRL RC(MD)No.366 of 2021 Date :04/06/2021 Ls AE/PN/SAR-III/09.06.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2