Madras High CourtCRL OP(MD)/17025/2023dismissed

Sundararajan v. Perumal

2023-12-07Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.13519 of 2023 Sundararajan ... Petitioner/Revision Petitioner / Respondent Vs.

1.Perumal 2.Jeyalakshmi ... Respondent/Respondent/Petitioner PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to set aside the order, dated 11.01.2022 passed in Cr.R.P No.1 of 2019 before the learned Principal District Judge, Pudukkottai, confirming the order in M.C No.01 of 2017, dated 03.11.2018 on the file of the learned Chief Judicial Magistrate, Pudukkottai, by allowing this Criminal Original Petition.

For Petitioner : Mr.G.Mathavan 1/4

O R D E R This Criminal Original Petition is filed to set aside the order, dated 11.01.2022 passed in Cr.R.P No.1 of 2019 before the learned Principal District Judge, Pudukkottai, confirming the order in M.C No.01 of 2017, dated 03.11.2018 on the file of the learned Chief Judicial Magistrate, Pudukkottai, by allowing this Criminal Original Petition.

2. On the ground that the petitioner is jobless and getting meagre income to sustain himself, but without noticing the fact that the respondents got two other sons and they are working in abroad, the order passed upon the petitioner to pay a sum of Rs.2,500/- each to the respondents by the concerned trial Court by the order, dated 03.11.2018 in M.C.No.1 of 2017, against which, this petitioner preferred a Criminal Revision Petition before the Principal District Court, Pudukkottai, by filing C.R.P.No.01 of 2019. After considering the facts and circumstances, evidence on record and recording findings that the plea that is raised by the petitioner is not at all acceptable and he is also having financial capabilities, considering the fact that only a oaktrt amount of Rs.5,000/- each was ordered by the learned Judicial Magistrate, the revision was dismissed by the order dated 11.01.2022.

3. This petition is filed stating that the petitioner is getting only 2/4

meagre income. The second Revision Petition in the form of this petition under Section 482 Cr.P.C., will not lie. Hence, I find no reason to entertain this petition.

4. In the result, this Criminal Original Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 07.12.2023 Index : Yes/No Internet : Yes/No Indu To The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.17025 of 2023 07.12.2023 4/4