Madras High CourtCRL RC(MD)/972/2023dismissed

Sivaperumal v. Valli

2024-07-03Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2024

CORAM

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN Sivaperumal ... Petitioner Vs.

1.Valli 2.Minor.Theivanayagi 3.Minor.Dharmaraj (R2 & R3 are minors represented through their mother/natural guardian namely first respondent) ... Respondents PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the order dated 24.07.2023 made in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 on the file of the Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.S.Gokulraj 1/4

ORDER

This criminal revision case has been filed to set aside the order dated 24.07.2023 made in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 on the file of the Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

2. The petitioner herein is the husband of the first respondent. He filed this Criminal Revision Case, challenging the execution of the maintenance order granted in M.C.No.09 of 2018, challenging the order passed under Section 128 of Cr.P.C. At the time of filing the petition, the petitioner took a stand that he challenged the maintenance case in M.C.No.09 of 2018 before this Court, in Crl.R.C.(MD).No.647 of 2024. Now, the said revision case was dismissed by order dated 02.07.2024. Therefore, this Court finds no merits in the contention of the learned counsel appearing for the petitioner to interfere with the order of arrest imposed by the learned Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 dated 24.07.2023 sentencing him to undergo 11 months of simple imprisonment. Therefore, considering the facts and 2/4

circumstances of this case, this Court finds no merits to interfere with the order passed by the Court below and inclines to dismiss this case. 3.Accordingly, this Criminal Revision Case stands dismissed and the order in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 dated 24.07.2024, passed by the learned Additional District Minsif cum Judicial Magistrate, Vedasandur, Dindigul District, is hereby confirmed. 03.07.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns/sbn To The Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.

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K.K.RAMAKRISHNAN,J.

gns/sbn 03.07.2024 4/4