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2010 Supreme(Mad) 4993

S.NAGAMUTHU
S. T. Prabhakar – Appellant
Versus
The Secretary to Government & Others – Respondent


Advocates Appeared:
For the Petitioner:C. Mayilvahana Rajendran, Advocate.
For the Respondent:D. Sasikumar, Government Advocate.

Judgment :-

1. Seeking compensation to the tune of Rs.1,00,000/- for the alleged illegal detention in prison during the period between 23.05.2005 and 30.05.2005, the petitioner has come up with the present Writ Petition.

2. Theevents leading to his detention are as follows;-

Seeking maintenance, the petitioners wife R.Uma Mary filed M.C.No.4 of 2003, on the file of the learned District Munsif cum Judicial Magistrate, Kodaikanal, under Section 125 (1)(a) of the Code of Criminal Procedure, [hereinafter referred to as "the Code"] and the same was allowed by the learned Judicial Magistrate directing the petitioner herein to pay a sum of Rs.750/- per month. But, the petitioner did not pay the same. Therefore, R.Uma Mary filed Crl.M.P.No.2589 of 2004 before the learned District Munsif cum Judicial Magistrate, Kodaikanal, under Section 128 of the Code for recovery of a sum of Rs.9,750/-, which had fallen in arrears for a total period of 13 months. The petitioner appeared before the learned Judicial Magistrate on 10.01.2005. After few hearings, on 25.04.2005, he paid a sum of Rs.750/-and the case was adjourned to 16.05.2005. On 16.05.2005, he did not make any payment, and therefore, the c





























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