Santhosh v. Priyatharshini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CRL RC(MD) No.1326 of 2023 SANTHOSH ... PETITIONER Vs PRIYATHARSHINI ... RESPONDENTS/RESPONDENTS 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 all further proceedings in MC No.4/2023 dt 05.10.2023 on the file of the learned Judicial Magistrate, Uthamapalayam till the disposal of the above Criminal Revision petition Prayer in CRL RC(MD). 1326/ 2023 :

To call for the records and set aside the order dt 05.10.2023 in M.C.No.4/2023 on the file of Learned Judicial Magistrate, Uthamapalayam by allowing the above criminal Revision Petition and thus render justice. 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 Mr.V.RAMALINGAM, 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 M.C.No.04 of 2023 dated 05.10.2023, on the file of the Judicial Magistrate, 1/3

Uthamapalayam, 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 the entire arrears amount of the maintenance pending as of now to the credit of M.C.No.04 of 2023 on the file of the Judicial Magistrate, Uthamapalayam, 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 respondent is permitted to withdraw the deposited amount.

sd/- 01/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

ORDER

IN IN CRL RC(MD) No.1326 of 2023 Date :01/12/2023 SA/JGB/SAR. /15.12.2023/3P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3