Mohan Prabhu vs Kanimozhi
2024 Latest Caselaw 295 Mad

Citation : 2024 Latest Caselaw 295 Mad
Judgement Date : 4 January, 2024

Madras High Court

Mohan Prabhu vs Kanimozhi on 4 January, 2024

Author: R.Hemalatha

Bench: R.Hemalatha

                                                                         Crl.R.C.(MD) No.284 of 2021


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED : 04.01.2024

                                                         CORAM

                                  THE HON'BLE MRS.JUSTICE R.HEMALATHA

                                            Crl.R.C.(MD) No.284 of 2021

                    Mohan Prabhu                                                 ... Petitioner

                                                           Vs.

                    1.Kanimozhi

                    2.Minor Krish
                      rep. by his Mother
                      Kanimozhi - 1st respondent                                 ... Respondents

                    Prayer: Criminal Revision Case filed under Section 397 r/w. Section 401
                    of the Code of Criminal Procedure, 1973, praying to call for the records
                    from the Courts below and set aside the impugned orders passed by the
                    learned District and Sessions Judge cum Special Judge for EC Act Cases,
                    Thanjavur in C.A.No.22 of 2018 dated 27.11.2019, reversing the orders
                    passed by the learned Judicial Magistrate No.II, Thanjavur in M.C.No.37
                    of 2014 dated 07.03.2018.

                                   For Petitioner       : Mr.G.Karuppasamy Pandiyan

                                   For R1               : Mr.S.Jaya Chandran




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                    Page No. 1 of 5
                                                                         Crl.R.C.(MD) No.284 of 2021




                                                        ORDER

The present Criminal Revision Case is directed against the

judgment and orders dated 27.11.2019 [hereinafter referred to as

‘impugned order’ for the sake of convenience] passed by the learned

District and Sessions Judge cum Special Judge for EC Act Cases,

Thanjavur [hereinafter referred to as ‘Appellate Court’ for the sake of

convenience] in C.A.No.22 of 2018.

2. In the present Criminal Revision Case, the petitioner has

challenged the maintenance awarded to his wife and minor child (the

respondents herein) by the Appellate Court in C.A.No.22 of 2018.

Similarly, the wife and the minor child of the petitioner (the respondents

herein) filed Crl.R.C.(MD) No.611 of 2021 before this Court for

enhancement of maintenance amount. This Court on 21.11.2022 has

passed the following orders in Crl.R.C.(MD) No.611 of 2021:

11.In view of the above, this Criminal Revision Case is partly allowed, by modifying the orders of the Court below, by directing the respondent to pay a maintenance of Rs.5,000/- to the wife/first

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revision petitioner, from the date of filing of this revision and dismissing the claim of enhancement of maintenance for the child/second revision petitioner.

Consequently, connected miscellaneous petition is closed.

3. In fact, the present Criminal Revision Case was not tagged along

with the Criminal Revision Case filed by the respondents/wife and minor

child in Crl.R.C.(MD) No.611 of 2021. In any event, it is not the case of

the petitioner/husband that he has preferred an appeal against the orders

dated 21.11.2022 passed by this Court in Crl.R.C.(MD) No.611 of 2021

and it has reached finality. Therefore, nothing survives for adjudication in

the present Criminal Revision Case.

4. Accordingly, this Criminal Revision Case is dismissed.

04.01.2024 Index: Yes/ No Neutral Citation: Yes / No Speaking order / Non-Speaking order

JEN

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