Two criminal miscellaneous petitions under Section 482 Cr.P.C regarding modification and stay of a maintenance order were dismissed due to the non-appearance and non-prosecution of the petitioner.
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.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Criminal Appellate Jurisdiction
Monday, the Tenth day of July Two Thousand and Twenty Three
PRESENT
The Hon`ble Mr.Justice M.DHANDAPANI
CRL MP(MD). No.4795 and 4796 of 2023 in CRL RC(MD).541 OF 2015
S.Imthiaz ... Petitioner/Respondent (in both Miscellaneous Petitions)
Vs
Prayer in CRL MP(MD). No.4795 of 2023 :-
This Criminal Miscellaneous petition is filed U/s.482 of Criminal Procedure Code to modify the condition in Para 8 a and b in the order dt.12.03.2020 made in Crl.RC(MD)No.541 of 2015 on the file of this Court and consequently reduce the
quantum of the amount based on the less income proof filed by the petitioner. https://www.mhc.tn.gov.in/judis
Prayer in CRL MP(MD). No.4796 of 2023 :-
This Criminal Miscellaneous petition is filed U/s.482 of Criminal Procedure Code to stay the operation of the order dated 12.03.2020 made by this Court in CRL RC(MD).No.541 of 2015 pending disposal of the modification petition.
Prayer in CRL RC(MD).No.541 of 2015 :
Criminal Revision case filed under Sections 397 and 401 of Cr.P.C praying to set aside the Judgment dated 12.02.2015 made in C.A.No.63 of 2014 on the file of the learned I Additional District and Sessions Judge, Thanjavur, modifying the judgment dated 27.02.2013 in C.C.No.461 of 2008 on the file of the Judicial Magistrate No.I, Thanjavur.
ORDER:- These Criminal Miscellaneous petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and none appeared in this case either in person or through Counsel this Court made the following order:
When the matter was taken up for hearing on 28.06.2023, there was no
representation on behalf of the petitioner and the matter was posted on 10.07.2023. https://www.mhc.tn.gov.in/judis
Sd/Assistant Registrar(CS I) // True Copy //
/09/2023 Sub Assistant Registrar(CS)
TO
Copy to:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.
ORDER DATED : 10/07/2023
========================== ORDER
==========================
CRL MP(MD). No.4795 and 4796 of 2023 in CRL RC(MD).541 OF 2015
Giving direction and etc. as stated within.
KSR(31.08.2023) 4P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
S.Imthiaz
Nargese Banu
Minor Aksa
Minor Wakfa
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
