A criminal miscellaneous writ petition filed by Munish Kumar challenging orders in a maintenance dispute was dismissed. The High Court found no infirmity or illegality in the impugned orders and noted the petitioner had full opportunity to raise arguments earlier.
The writ petition is dismissed and any interim order stands vacated.
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Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 10422 of 2004
Petitioner :- Munish Kumar Respondent :- State Of U.P.And Another Counsel for Petitioner :- Sikandar Raza Counsel for Respondent :- Govt. Advocate,Narendra Mohan
Hon'ble Aniruddha Singh,J.
None is present on behalf of the petitioner even in the revised list. Heard learned AGA for the State and perused the record. This petition is being decided on merit.
This writ petition has been preferred by Munish Kumar against State of U.P. and Smt. Premwati challenging order dated 16.12.2002 passed by Additional Civil Judge( J.D.), Shahjahanpur in Case No.151 of 2000(Smt Premwati vs. Munish Kumar) whereby interim maintenance application under section 125 Cr.P.C. was dismissed and order dated 18.8.2004 passed by Additional Sessions Judge, Court No. 6, District Shahjahanpur in Criminal Revision No. 11 of 2003 by which revision was allowed, order dated 16.12.2000 was set aside and file was remanded back to decide the matter afresh on merit after giving opportunity of hearing.
From perusal of record, it transpires that petitioner has opportunity to raise all arguments before the Court concerned. He has full opportunity. Hence this petition is liable to be rejected. The writ petition is of year 2004 and no fruitful purpose would be served in keeping this petition pending.
This Court does not find any infirmity or iillegality in the impugned orders. The writ petition is dismissed. Interim order, if any, stands vacated.
Copy of this order be transmitted to the Court concerned immediately.
Order Date :- 26.9.2018 P.P.
Munish Kumar
State Of U.P.
Smt. Premwati
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
