Ghanamoorthy v. Rani
Case brief
What is this about?
This criminal revision case was allowed. The High Court set aside a non-speaking order of the Judicial Magistrate allowing maintenance, which failed to address the petitioner's objections, and remitted the matter for fresh disposal within three weeks.
What did the court decide?
Order dated 19.05.2015 passed by the learned Judicial Magistrate, Cheyyar, in M.C.No.3 of 2010, set aside; matter remitted to the Magistrate for disposal within three weeks.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2016
CORAM:
THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM
Crl.R.C.No.629 of 2016
and
Crl.M.P.No.4384 of 2016
Ghanamoorthy ... Petitioner
Vs.
1. Rani
2. Minor Deebiga
(R.2 Rep. by first respondent/mother. ... Respondents
Prayer: Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure, praying to set aside the order dated 19.05.2015 passed by the learned Judicial Magistrate, Cheyyar, in M.C.No.3 of 2010, filed under Section 125 of Cr.P.C.
For Petitioner : Mr.L.Shrileka For Respondents: Mr.V.R.Appaswamee
ORDER
This Criminal Revision Case is directed against the order passed by the learned Judicial Magistrate, Cheyyar, in M.C.No.3 of 2010, dated 19.05.2015.
Issues for consideration
2 issues framed by the court
Whether a non-speaking order passed under Section 125 Cr.P.C. which failed to consider objections raised in the counter is liable to be set aside.
Whether the revision petitioner showed cause why the order of maintenance should not be remitted for fresh consideration.
Parties & counsel
- petitioner
Ghanamoorthy
- respondent
Rani
- respondent
Minor Deebiga
Coram
Case details
As recorded by the court registry
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