Madras High CourtCRL OP(MD)/13558/2021disposed of

Boornasamy v. Karuppana Gounder

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.13558 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.13558 of 2021 Boornasamy ... Petitioner Vs.

Karuppana Gounder ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, Oddanchathram to number Cr.M.P.No.SR.No.3371 of 2021 in M.C.No.32 of 2005 filed under Section 127 of Cr.P.C.

For Petitioner : Mr.S.C.Herold Singh

O R D E R

The petitioner is the son of the respondent herein. The respondent had obtained an award of maintenance in M.C.No.32 of 2005. The petitioner's contention is that subsequently, his father was allotted property in a partition suit and the same was also sold by him for a sum of Rs.50,00,000/-.

2.In the light of the said development according to the petitioner, the maintenance award warrants alteration. In this regard, he filed a petition under Section 127 of Cr.P.C. His grievance is that the learned trial Magistrate is declining to number the same. Without expressing any opinion on the merits of the matter, the learned Judicial Magistrate, Oddanchathram, is directed to number the petition mentioned petition and dispose of it on merits and in accordance with law within a period of twelve weeks, after issuing notice to the respondent herein. 3.This criminal original petition is disposed of on these terms.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13558 of 2021 Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1.The Judicial Magistrate, Oddanchathram, Dindigul District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-36232[F] dated 29/11/2021 ) Crl.O.P.(MD)No.13558 of 2021 26.11.2021 RS (09.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2