Madras High CourtCRL MP(MD)/17288/2023allowed

Thangavel v. Pooma

2023-12-08Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI Crl.M.P(MD).No.17288 of 2023 in Crl.R.C(MD).No.1357 of 2023 THANGAVEL ... PETITIONER/PETITIONER Vs POOMA ... RESPONDENT/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 interim stay the operation of the Enhancement Order dt.1.11.2023 passed by Learned Additional Chief Judicial Magistrate,Madurai in Cr.MP.No.476 of 2023 in MC.No.6 of 1996 pending disposal of the main Revision Petition. Prayer in CRL RC(MD). 1357/ 2023 :

To call for the records relating the Enhancement Order dt.1.11.2023 passed by Learned Additional Chief Judicial Magistrate,Madurai in Cr.MP.No.476 of 2023 in MC.No.6 of 1996 and set aside the same as illegal and pass such further or other orders.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.SUKUMAR, Advocate for the petitioner, while admitting the Criminal Revision Case, the court made the following order:- 1/3

Heard the learned counsel appearing for the petitioner.

2. Considering the facts and circumstances of the case, there shall be an order of interim stay on condition that the petitioner shall deposit 75% of the arrears of enhanced maintenance amount to the credit of Crl.M.P.No.476 of 2023 in M.C.No.6 of 1996, on the file of the Additional Chief Judicial Magistrate, Madurai, within a period of four weeks from the date of receipt of a copy of this order, failing which, the interim stay granted shall stand vacated automatically without any further reference to this Court. On such deposit being made by the petitioner, the respondent is permitted to withdraw the deposited amount.

sd/- 08/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE, MADURAI, 2/3

+1 CC to M/s.S.SUKUMAR, Advocate ( SR-17502[I] dated 08/12/2023 )

ORDER

IN Crl.R.C(MD).No.1357 of 2023 Date :08/12/2023 RK/JGB (20/12/2023) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3