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Arshad Ali v. State Of U.P. & Another - CRIMINAL MISC. WRIT PETITION No. 441 of 2007  RD-AH 759 (12 January 2007)
CRIMINAL MISC. WRIT PETITION NO. 441 OF 2007
State of U.P. and another................... ....Respondents.
Hon. Mrs. Poonam Srivastav, J.
Heard learned counsel for the petitioner and learned A.G.A. for the State.
The award of interim maintenance in the proceedings under Section 125 Cr.P.C. is impugned in the instant writ petition. Submission on behalf of the petitioner is that Rs.1,500/- per month towards maintenance was awarded ex parte previously vide order dated 11.1.2005. A recall application was moved, and the same has been allowed subject to payment of Rs.1,000/- per month towards maintenance vide order dated 16.3.2005. This order was challenged in revision and the same has been dismissed on 13.12.2006. Both the orders are impugned in the instant writ petition. Learned counsel for the petitioner states that nothing has been deposited so far.
The instant writ petition is finally disposed of with a direction that (1) the petitioner shall deposit interim maintenance w.e.f. 16.3.2005 at the rate of Rs.1,000/- per month within a period of three months from today. First installment shall be deposited by 30.1.2007, second installment by 30.2.2007 and third by 30.3.2007. In addition to this deposit, Rs.1,000/- per month shall also be deposited as an interim maintenance by 10th day of each month regularly. (2) The amount so deposited by the petitioner shall be disbursed to the respondent no.2 without any security. (3) In the event of deposit of entire amount of maintenance at the rate of Rs.1,000/- by 30.3.2007, the Magistrate shall make every endeavour to complete the proceedings under Section 125 Cr.P.C. without granting any adjournment to the either parties within another three months i.e. by June, 2007. (4) In the event of default on the part of the petitioner, liberty granted shall come to an end automatically.
With the aforesaid direction, the writ petition is finally disposed of.
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