This Criminal Original Petition has been filed to quash Crl.R.C.No.57 of 2011, dated 12.06.2012 on the file of the learned Principal District Judge, Thoothukudi.
2. The brief facts of the case are as follows:
(i) The first respondent herein/wife filed a maintenance petition in M.C.No.36 of 2007 before the Chief Judicial Magistrate Court, Thoothukudi. After contesting the trial, the learned Chief Judicial Magistrate, Thoothukudi, granted Maintenance amount of Rs.2,000/- per month, to the first respondent herein/wife and Rs.1,000/- per month, to the second respondent herein/daughter of first respondent, vide order, dated 24.06.2011.
(ii) Aggrieved by the said order, the petitioner herein filed a revision in Crl.R.C.No.57 of 2011 under
Section 397 and
399 Cr.P.C., before the Principal District Judge, Thoothukudi, to set aside the order passed in M.C.No.36 of 2007, dated 24.06.2011. The said revision case was allowed vide order, dated 12.06.2012. and the matter was remanded back to the Chief Judicial Magistrate, Thoothukudi, for fresh consideration.
3. Aggrieved by the same, the petitioner filed the present petition under
Section 482 Cr.P.C. before this Court.
4. Heard the learned counsel appearing for the petitioner.
5. Since the lower appellate Court/ Principal District Court, Thoothukudi, passed the order on merits in favour of the petitioner thereby remanded the matter before the lower Court/Chief Judicial Magistrate Court, Thoothukudi. I find no error and I do not find any reason to interfere with the said order by invoking inherent power under
Section 482 of Cr.P.C.
6. Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
To
1.The Principal District Judge, Thoothukudi.
2.The Chief Judicial Magistrate, Thoothukudi.
.