Crl.MP(MD)No.4563 of 2021 in Crl.RC(MD)No.436 of 2021 T.KRISHNAVALLI,J This Criminal Miscellaneous Petition is filed to grant an order of interim stay of all further proceedings pursuant to the order, dated 11.02.2021 made in Crl.MP No.551 of 2021 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai, pending disposal of the main criminal revision.

2.It is seen from the records that the petitioner filed the criminal revision challenging the order, dated 11.02.2021 made in Cr.M.P No.551 of 2021 on the file of the Judicial Magistrate Additional Mahila Court, Madurai, in Crime No.23 of 2018 on the file of the respondent police, in taking the protest petition filed under section 173(8) of Cr.P.C, as a private complaint. Along with the criminal revision, the petitioner filed a petition seeking stay of all further proceedings till the disposal of the main revision.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The petitioner filed protest petition and the trial court ordered to take protest petition as a private complaint. The petitioner stated that the trial court passed the order in the protest petition, which was taken as private complaint on the ground that the dispute between the petitioner and her husband is a family dispute and the reasons stated by the respondent police for closing her complaint is factually incorrect and illegal and the procedure prescribed to dealt with the protest petition has not been followed and since the protest petition was taken as a private complaint, it will cause serious mental agony, hardship to her and hence, it is necessary to grant stay till the disposal of the criminal revision.

5.But on the side of the respondent, it is argued that on the basis of the compromise between the petitioner and her husband, final report was filed and the FIR was closed as per law and against which, the petitioner filed the protest petition and after due enquiry, the trial court correctly passed the order and due to the order passed by the trial court, no hardship would be caused to the petitioner and hence, in this case, it is not necessary to grant stay of all further proceedings till the disposal of the criminal revision.

6.This petitioner filed this revision against the order passed by the trial court in respect of the protest petition. Only during the argument of the main revision, it is to be decided whether the order passed by the trial court is correct or not. Hence, this court is inclined to stay till the disposal of the main revision.

7.In view of that, interim stay is granted till the disposal of the main criminal revision.

09.09.2021 Index:Yes/No Internet:Yes/No er Note:- In view of the present lock down owning to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but ensuring that the copy of the order that is presented is the correct copy shall be the responsibilty of the advocate/litigant concerned.

T.KRISHNAVALLI,J er Crl.MP(MD)No.4563 of 2021 in Crl.RC(MD)No.436 of 2021

09.09.2021