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TRIBHUWAN versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Tribhuwan v. State Of U.P. & Others - CRIMINAL MISC. WRIT PETITION No. 13355 of 2006 [2006] RD-AH 18930 (8 November 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO. 45

CRIMINAL MISC. WRIT  PETITION NO. 13355 OF 2006

Tribhuwan..............................................Petitioner.

                                         Versus

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 wife of the petitioner as well as respondent no.2 was awarded maintenance to the tune of Rs.750/- each by the trial court from the date of application under Section 125 Cr.P.C. A revision was preferred, and the same was allowed so far as the amount of maintenance awarded in respect of the wife is concerned, the order has been set aside but the maintenance awarded for minor daughter has been maintained.  The amount payable to the minor daughter is Rs.25,500/- (Rupees twenty five thousand five hundred).  A recovery warrant has been issued against the petitioner in misc. case no. 23 of 2005 in pursuance to the order passed on 20.6.2006 in the event of non-deposit of aforesaid amount within a period of one month. This order was challenged in revision, and the same has been dismissed on 31.7.2006.  

Submission on behalf of the petitioner is that he is ready to deposit the amount of Rs.25,500/- (Rupees twenty five thousand five hundred) in addition to the amount of Rs.750/- per month from 20.6.2006 up till date of the order.

In the circumstances, the petitioner shall do so within a period of six weeks from today. He shall also continue to deposit the current amount of maintenance for his daughter, which shall be disbursed to Smt. Heeresh @ Anu mother of the respondent no.2, who is minor daughter without taking any security.  In the event of default on the part of the petitioner, this order shall automatically stand discharged.

With the aforesaid directions, the writ petition is finally disposed off.

Let a certified copy of this order be given to the counsel appearing for the petitioner within twenty four hours.

Dt. 8.11.2006

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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