Rajeshpandi v. Narmatha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI AND CRL RC(MD)No.1305 of 2023 RAJESHPANDI ... PETITIONER/PETITIONER Vs 1 NARMATHA 2 MINOR.NETHRA 3 MINOR.KAVI AMUTHAN ... RESPONDENT/RESPONDENT REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN, NARMATHA/R1 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 Stay of the order dated 18.08.2023 passed in M.C.No.6/2022 on the file of the Learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar District pending disposal of this Honble Court.

Prayer in CRL RC(MD). 1305/ 2023 :

To call for records and Set Aside the order dated 18.08.2023 passed in M.C.No.6 of 2022 on the file of the Learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar District.

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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.C.SURESH KANNAN, 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.6 of 2022 dated 18.08.2023, on the file of the learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar District, 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.6 of 2022 on the file of the learned Judicial Magistrate Court, Aruppukkottai, Virudhunagar District, within a period of six weeks from the date of receipt of a copy of this order and further the petitioner is directed to pay 50% of the the monthly maintenance amount to the respondents regularly, failing which the interim stay granted shall 2/3

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/- 28/11/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT.

DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

COPY TO:

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (CALL FOR RECORDS) +1 CC to M/s.C.SURESH KANNAN, Advocate ( SR-17026[I] dated 29/11/2023 )

ORDER

IN AND CRL RC(MD)No.1305 of 2023 Date :28/11/2023 SS/SKN/SAR- /01/12/2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3