Madras High CourtCRL RC(MD)/739/2013dismissed

Nagarajan v. Manimegalai

2017-07-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.07.2017

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.R.C(MD).No.739 of 2013 Nagarajan

...Petitioner/Respondent

-Vs1. Manimegalai

2. Rameshkumari

...Respondents/Petitioners 1 & 2

Prayer : Criminal Revision Case is filed under Section 397 r/w 401 of the Code of Criminal Procedure against the order dated 26.08.2013 in Cr.M.P.No.2633 of 2012 on the file of the Judicial Magistrate, Devakottai.

For Petitioner : Mr.J.Anandkumar For R1 & R2 : Mr.S.Muthukumar ******

O R D E R

The petitioner filed this revision, challenging the order, ordering maintenance of Rs.6,000/- to the respondents herein. The respondents herein are the wife and daughter of the petitioner. Earlier, they have filed an application under Section 125 Cr.P.C in M.C.No.11 of 2008 on the file of the Judicial Magistrate, Devakottai and the learned Magistrate granted a sum of Rs.800/- to the first respondent and Rs.350/- to the second respondent being monthly maintenance. Being dissatisfied with the quantum of compensation, they have filed the present petition under Section 127 Cr.P.C for enhancement of compensation. After considering all the materials available on record, the learned Judicial Magistrate, enhanced the compensation to the tune of Rs.3,000/- to each respondent. Challenging the said order, the present revision has been filed.

2.I have heard Mr.J.Anandkumar, the learned counsel appearing for the petitioner and Mr.S.Muthukumar, the learned Counsel appearing for the respondents and perused the records carefully.

3. It is the admitted case that the respondents are wife and daughter of the petitioner and the petitioner has a legal obligation to maintain them. Here, the petitioner is working in Anganwadi and getting salary, have means. Whereas the respondents have no means to maintain themselves.

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4.Considering the above circumstances, the court below ordered Rs.3000/- to each respondent. On perusing the order, I find no illegality or irregularity in the order passed by the court below. Hence, the order passed by the court below is confirmed. This criminal revision case is dismissed. However, it is open to the petitioner to seek any modification of the order. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To The Judicial Magistrate, Devakottai Copy To:

The Section Officer, Crl.Section(Records), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.J.ANAND KUMAR, Advocate, SR No. 63866 +1 CC to M/s.S.MUTHUKUMAR, Advocate, SR No. 64231 VS PSM/KP/SAR1/18.07.2017/2P/5C Crl.R.C(MD).No.739 of 2013 06.07.2017 https://hcservices.ecourts.gov.in/hcservices/