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Madras High CourtCRL MP(MD)/16007/2023allowed

S.Ramachandran v. S.Irulayee

2023-11-16Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI IN CRL RC(MD)No. 1263 of 2023 S.RAMACHANDRAN ... PETITIONER/PETITIONER /RESPONDENT/RESPONDENT Vs 1 S.IRULAYEE 2 MINOR CHITHAN 3 MINOR R.AMMU ...RESPONDENTS/RESPONDENTS /PETITIONERS/PETITIONERS (MINOR R2 AND R3 ARE REP.THROUGH THEIR MOTHER AND NATURAL GUARDIAN/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 grant an order of interim stay the operation of the order passed in Cr.M.P.No.323/2022 in MC. No.67/2021 on the file of the Family Court Madurai dated 12.09.2023. 1/3

PRAYER IN CRL RC(MD)No. 1263 of 2023:

To Call for the records relating to the impugned order passed in Cr.M.P.No. 323 of 2022 in M.C.No.67 of 2021 on the file of the Family Court, Madurai dated 12.09.2023 and to set aside the same as illegal. 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.KADHAR.S.M., Advocate for the petitioner, while admitting the Criminal Revision Case, the court made the following order:- This petition has been filed to grant interim stay of the operation of the order passed in Cr.M.P.No.323 of 2022 in M.C.No.67 of 2021 dated 12.09.2023, on the file of the Family Court, Madurai, 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 a sum of Rs.1,00,000/-(Rupees One Lakh only) to the credit of Cr.M.P.No.323 of 2022 in M.C.No.67 of 2021 on the file of the Family Court, Madurai, within a period of six weeks from the date of receipt of a copy of this order, failing which the interim stay 2/3

granted shall stand vacated automatically without further reference to this Court. On such deposit being made by the petitioner, the respondent is permitted to withdraw the deposited amount.

sd/- 16/11/2023 / TRUE COPY / 16/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDGE FAMILY COURT, MADURAI.

+1 CC to M/s.S.M.KADHAR, Advocate ( SR-16325[I] dated 16/11/2023 )

ORDER

IN IN CRL RC(MD)No. 1263 of 2023 Date :16/11/2023 PKP/16.11.2023/ 3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3