Madras High CourtCRL MP(MD)/4795/2023dismissed for nonprosecution

S.Imthiaz v. Nargese Banu

2023-07-10Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Monday, the Tenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD). No.4795 and 4796 of 2023 in CRL RC(MD).541 OF 2015 S.Imthiaz ... Petitioner/Respondent (in both Miscellaneous Petitions) Vs

1. Nargese Banu

2. Minor Aksa

3. Minor Wakfa (Respondent Nos.2 and 3 are represented by 1st Respondent) ... Respondents/Petitioners (in both Miscellaneous Petitions) Prayer in CRL MP(MD). No.4795 of 2023 :- This Criminal Miscellaneous petition is filed U/s.482 of Criminal Procedure Code to modify the condition in Para 8 a and b in the order dt.12.03.2020 made in Crl.RC(MD)No.541 of 2015 on the file of this Court and consequently reduce the quantum of the amount based on the less income proof filed by the petitioner.

Prayer in CRL MP(MD). No.4796 of 2023 :- This Criminal Miscellaneous petition is filed U/s.482 of Criminal Procedure Code to stay the operation of the order dated 12.03.2020 made by this Court in CRL RC(MD).No.541 of 2015 pending disposal of the modification petition. Prayer in CRL RC(MD).No.541 of 2015 :

Criminal Revision case filed under Sections 397 and 401 of Cr.P.C praying to set aside the Judgment dated 12.02.2015 made in C.A.No.63 of 2014 on the file of the learned I Additional District and Sessions Judge, Thanjavur, modifying the judgment dated 27.02.2013 in C.C.No.461 of 2008 on the file of the Judicial Magistrate No.I, Thanjavur.

ORDER:- These Criminal Miscellaneous petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and none appeared in this case either in person or through Counsel this Court made the following order:

When the matter was taken up for hearing on 28.06.2023, there was no representation on behalf of the petitioner and the matter was posted on 10.07.2023.

2. Even today, when the matter is called, there is no representation for the petitioner. Hence, these miscellaneous petitions are dismissed for non prosecution. Sd/- Assistant Registrar(CS I) // True Copy // /09/2023 Sub Assistant Registrar(CS) TO

1. The I Additional District and Sessions Judge, Thanjavur.

2. The Judicial Magistrate No.I, Thanjavur.

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 10/07/2023 ==========================

ORDER

========================== CRL MP(MD). No.4795 and 4796 of 2023 in CRL RC(MD).541 OF 2015 Giving direction and etc.

as stated within.

KSR(31.08.2023) 4P/ 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.