C. Mounaraja v. Minor. M. Prithivi Raja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM

THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.9390 of 2025 C.Mounaraja ... Petitioner Vs.

Minor.M.Prithivi Raja ... Respondent Prayer : Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, to call for the records relating to the order, dated 17.06.2025 made in Cr.M.P.No.242 of 2025 in unnumbered Crl.R.P.No.--- of 2025 on the file of Principal Sessions Judge, Madurai and modify the condition of the petitioner.

For Petitioner : Mr.V.Balasubramanian

ORDER

Challenging the order passed by the learned Principal Sessions Judge, Madurai in Crl.M.P.No.242 of 2025 in unnumbered criminal revision petition, dated 17.06.2025, this criminal revision case has been filed.

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2. Seeking to condone the delay of 273 days in preferring criminal revision petition, the petitioner herein had filed Crl.M.P.No.242 of 2025 before the Principal Sessions Judge, Madurai. The case is one with respect to grant of maintenance to his minor son. However, the learned Principal Sessions Judge had allowed the petition on the condition that the petitioner should deposit an amount of Rs.1,50,000/- to the credit of M.C.No.6 of 2022 on the file of the Judicial Magistrate Court, Vadipatti within a period of one month for allowing the condone delay petition. The said condition is challenged in this criminal revision case.

3. The learned counsel for the petitioner submitted that monthly maintenance of Rs.8,000/- has been ordered in favour of his minor son who is under the custody of his maternal grand-mother and that his wife has passed away. He is employed in Tiruppur in menial job and he is drawing only a monthly salary of Rs.8,000/- per month. As a result of which, he has financial constrains to immediately deposit an amount of Rs.1,50,000/-. He further pointed out that he was not able to approach his Advocate in time, as he was employed in Tiruppur in a private company where he could not avail leave at his convenience. Hence, he require this 2/4

Court to modify the condition and direct him to deposit an amount of Rs.50,000/-.

4. Considering the limited scope of the revision case, notice to the respondent is dispensed with.

5. Considering the submissions of the learned counsel for the petitioner, this petition is allowed directing the petitioner to deposit an amount of Rs.75,000/- to the credit of M.C.No.6 of 2022 on the file of Judicial Magistrate, Vadipatti within a period of one (1) month from the date of receipt of copy of this order. Failing which, the order passed in Crl.M.P.No.242 of 2025, dated 17.06.2025 by the learned Principal Sessions Judge, Madurai will be automatically restored.

6. This Criminal Revision Case is allowed on the above said term. Consequently, connected Miscellaneous Petition is closed. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg Note : Issue order copy on 17.07.2025.

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L.VICTORIA GOWRI ,J.

gbg To 1.The Principal Sessions Judge, Madurai.

2.The Judicial Magistrate, Vadipatti.

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

Order made in Crl.R.C.(MD)No.879 of 2025 Dated: 17.07.2025 4/4