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Madras High Court

S.Ezhumalai vs E.Ranjani on 8 April, 2025

Author: P. Velmurugan

Bench: P. Velmurugan

                                                                                        CRL RC No. 164 of 2025




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 08-04-2025

                                                          CORAM

                                  THE HONOURABLE MR JUSTICE P. VELMURUGAN

                                             CRL RC No. 164 of 2025
                                                     and
                                             CRL MP No.1284 of 2025



                1. S.Ezhumalai
                S/o. Saman,
                No.A1/701, Mariamman Kovil 1st
                Street, Maruthuvar Colony Main Road,
                Nethaji Nagar (north),
                Perumal Pettai Post, Vaniyambadi
                Taluk, Thirupathur District - 635 751.

                                                                                        Petitioner(s)

                                                               Vs

                1. E.Ranjani
                W/o. Ezhumalai,

                2.Master E.Gokulraj
                S/o.S.Ezhumalai Rep.By His Mother
                F.Ranjani,
                Both are Residing At
                 No.13/50A, Kamarajar Street,
                Vakkanampatti Village,


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https://www.mhc.tn.gov.in/judis               ( Uploaded on: 29/04/2025 03:57:04 pm )
                                                                                           CRL RC No. 164 of 2025



                 Jolarpettai Post, Thirupathur Taluk
                And District.

                                                                                           Respondent(s)


                PRAYER
                 This Criminal Revision Petition filed under Section 438 and 442 of BNSS, to

                call for the records and to set aside the order dated 06.11.2024 passed in

                Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial

                Magistrate, Thirupathur, Thirupathur District


                                  For Petitioner(s):       Mr.S.Sasikumar


                                  For Respondent(s):       S.Diraviam Dinesh


                                                             ORDER

This Criminal Revision Petition has been filed to set aside the order dated 06.11.2024 passed in Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial Magistrate, Thirupathur, Thirupathur District .

2. The petitioner has filed this revision petition challenging the interlocutory order dated 06.11.2024 passed in Crl.M.P.No.131 of 2024 in M.C.No.6 of 2012 by the learned Chief Judicial Magistrate, Thirupathur, 2/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 03:57:04 pm ) CRL RC No. 164 of 2025 Thirupathur District. It is settled proposition of law that no revision is maintainable against the interlocutory order and the same is barred under Section 397(ii) Cr.P.C., The Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be exercised in relation to any interlocutory orders.

3. In view of the same, this Criminal Revision Petition is dismissed.

However, the petitioner is at liberty to work out his remedy before the trial Court, in the pending maintenance case in M.C.No.6 of 2012. Consequently, connected miscellaneous petition is closed.

08-04-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To The Chief Judicial Magistrate, Thirupathur, Thirupathur District.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 03:57:04 pm ) CRL RC No. 164 of 2025 P.VELMURUGAN J CRL RC No. 164 of 2025 and CRL MP No.1284 of 2025 08-04-2025 4/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/04/2025 03:57:04 pm )