T.Ravikumar vs Minor Vijayakumar on 29 June, 2018

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Madras High Court

T.Ravikumar vs Minor Vijayakumar on 29 June, 2018

Bench: G.R.Swaminathan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 29.06.2018  

CORAM   

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN              

Crl.O.P.(MD)No.307 of 2012 


T.Ravikumar                             ... Petitioner

-Vs-

1.Minor Vijayakumar 
2.Minor Arthi Abinaya                   ..Respondents                           
Prayer: Criminal Original petition - filed under Section 482 of Code of
Criminal Procedure, to set aside the order passed in Cr.R.C.No.22 of 2011
dated 03.08.2011 on the file of the Additional District Sessions Judge (Fast
Tack Court No-1) Tirunelveli confirming the order passed in M.C.No.6 of 2008
on the file of the Judicial Magistrate, Thenkasi dated 15.02.2011.

!For Petitioner : Mr.G.Thalai Mutharasu
^For Respondents        : No Appearance 





:ORDER

The petitioner before this Court is the father of the respondents herein. The respondents filed M.C.No.6 of 2008 before the learned Judicial Magistrate, Thenkasi. The learned Judicial Magistrate by order dated 15.02.2011 directed the petitioner herein to pay a sum of Rs.2,500/- each. Aggrieved over the same, the petitioner filed Crl.R.C.No.22 of 2011 before the learned Additional District Sessions Judge, (Fast Track Court No.1), Tirunelveli. The learned Additional District Sessions Judge, by order dated 03.08.2011, dismissed the revision filed by the petitioner herein. Challenging the same, this Criminal Original Petition has been filed by the petitioner.

2.This Court is of the view that the Statutory bar under Section 397 (3) Cr.P.C. will operate against the petitioner herein. Of course, it is true that the inherent powers of this Court under Section 482 Cr.P.C. cannot be completely shut out. Some exceptional circumstances must be shown.

3.In this case, what is under challenge is an order of maintenance passed under Section 125 Cr.P.C.. Since no exceptional circumstance is set out in this case, this Court is of the view that there is no justification in entertaining this petition. Hence, this Criminal Original Petition is dismissed as not maintainable, in view of the statutory bar under Section 397 (3) Cr.P.C..

1.The Additional District Sessions Judge (Fast Tack Court No-1) Tirunelveli.

2.The Judicial Magistrate, Thenkasi

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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