The Madras High Court dismissed an Criminal Revision under CrPC 397 read with 401 for non-prosecution. The petitioner failed to appear despite the matter being pending since 2013 and listed for dismissal. Consequently, the connected miscellaneous petition was closed.
Criminal Revision dismissed for non-prosecution; Mobile Petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated :25.09.2018
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.568 of 2013
and
M.P.1 of 2013
M.Jaishankar ...Petitioner
Vs
J.Pushpa ...Respondent
Prayer: This Criminal Revision filed under Section 397 read
with 401 of Code of Criminal Procedure to call for records in
C.M.P.No.430 of 2013 in D.V.No.18 of 2012 pronounced by the
Hon'ble Court on 07.02.2013 directing the petitioner herein to
pay Rs.2000/- to the Petitioner herein and Rs.2000/- to each of
the children namely Lakshmanan and Divyashri per month as
maintenance from the date of the application. The total
maintenance awarded is Rs.6000/-.
For Petitioner: No Appearance
For Respondent: Mr.G.Magesh Kumar
O R D E R
When the criminal revision was taken up for hearing on
14.09.2018, there was no representation on behalf of the
petitioner. Even though the revision was pending from the year
2013 and the matter was listed under the caption “for
dismissal”, there was no representation for the petitioner and
hence this Court has no other way except to dismiss the same for
non prosecution.
-s/d-
Assistant Registrar(CS-IX)
True Copy
Sub-Assistant Registrar
vji/jer
To
Crl.R.C.No.568 of 2013
SKV(CO)
SP(11/10/2018)
2 issues framed by the court
Whether to allow a criminal revision filed under Section 397 CrPC regarding maintenance when the petitioner was absconding and there was no representation from the appellant side.
Whether the court can dismiss a criminal revision for non-prosecution despite it being listed for dismissal.
1 provisions across 1 enactments
M. Jaishankar
J. Pushpa
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
