Madras High CourtCRL RC(MD)/1178/2025allowed

Syed Ibrahim v. Salma

2025-08-28Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Syed Ibrahim ... Petitioner Vs.

1.Salma 2.Minor.Sana ... Respondents Prayer : Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, to set aside the docket order passed in unnumbered Cr.MP.No.--- of 2025 in Cr.MP.NO.71 of 2021 in M.C.No.134 of 2016 on the file of the Family Court, Madurai dated 07.08.2025.

For Petitioner : Mr.S.Poornachandran

ORDER

Considering the limited scope of the relief sought for, notice to the respondents, is dispensed with.

2. Despite serving copy to the other side, the learned Trial Court passed the impugned docket order on 07.08.2025 returning the NBW 1/3

recall petition citing notice to be given to the other side. Challenging the same, this criminal revision case is filed.

3. The learned counsel for the petitioner placed before me the proper document which would show that the other side counsel has received copy of the same.

4. In view of the same, the impugned docket order, dated 07.08.2025 is set aside and the matter is remanded back to the learned Trial Court for fresh consideration.

5. Accordingly, the criminal revision case is allowed. 28.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To The Family Court, Madurai.

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 28.08.2025 3/3