Venkatesh v. Jeevareka

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI and CRL RC(MD) No.1239 of 2023 VENKATESH ... Petitioner / Petitioner Vs 1 JEEVAREKA 2 MINOR.JANARTHANAN ... Respondents / Respondents (Represented by his mother and natural guardian through the 1st respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Stay the further proceedings of the order in MC No.11/017 dated 11.11.2022 on the file of Judicial Magistrate No.I Sivakasi and thus render justice. Prayer in CRL RC(MD) No.1239 of 2023:

To call for the entire records relating to the order of the Judicial Magistrate No.I, Sivakasi, dated 11.11.2022 in M.C.No.11 of 2017 and set aside the same. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.RAMASAMY.S, Advocate for the petitioner, while admitting the criminal revision case, the court made the following order:- 1/3

This petition has been filed to grant interim stay of the operation of the order passed in M.C.No.11 of 2017 dated 11.11.2022, on the file of the Judicial Magistrate No.I, Sivakasi, pending disposal of the above Criminal Revision Case.

2. Heard the learned counsel for the petitioner and also perused the materials available on record.

3. Considering the facts and circumstances of the case, this Court is inclined to grant interim stay on condition that the petitioner shall deposit 50% of the arrears amount of the maintenance pending as of now to the credit of M.C.No.11 of 2017 on the file of the Judicial Magistrate No.I, Sivakasi, within a period of six weeks from the date of receipt of a copy of this order, failing which the interim stay granted shall stand vacated automatically without further reference to this Court. On such deposit being made by the petitioner, the first respondent is permitted to withdraw the deposited amount.

sd/- 29/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA 2/3

To 1.The Judicial Magistrate No.I, Sivakasi.

2.Do through the Chief Judicial Magistrate, Virudhunagar District at Srivilliputhur.

+1 CC to M/s.S.RAMASAMY, Advocate ( SR-17073[I] dated 29/11/2023 )

ORDER

IN and CRL RC(MD) No.1239 of 2023 Date :29/11/2023 ED/SKN/SAR- (04/12/2023) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3