This criminal miscellaneous writ petition sought to stay and quash an order on maintenance under Section 125 Cr.P.C. The court noted the petitioner's absence and lack of compliance with a prior deposit order, finding no illegality in the impugned order. The petition was dismissed.
Writ petition dismissed; all interim orders, if any, are vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 41
Case :- CRIMINAL MISC. WRIT PETITION No. - 3009 of 1993
Petitioner :- Ram Niwas Respondent :- Vii A.D.J. Counsel for Petitioner :- Samar Singh,Anoop Trivedi,M.G. Sharma,Manoj Vashisth,S.S. Upadhyaya Counsel for Respondent :- A.G.A.
Hon'ble Aniruddha Singh,J.
1-List has been revised. No one is present on behalf of the petitioner to press this writ petition.
2-Heard learned A.G.A. and perused the record.
3-This writ petition has been filed by the petitioner for staying and quashing of the order dated 21.1.1989 passed by learned IInd Munsif Magistate, Hapur in criminal misc.case no. 16 of 1988 under Section 125 Cr.P.C. awarding Rs.250/- per month as maintenance to respondent no.-3 Smt. Ram Rati from 26.11.1979 payable by the petitioner.
4-From perusal of the order-sheet, it appears that this Court vide order dated 9.11.2009 directed the petitioner to deposit a sum of Rs.10,000/within one month from that date and pay Rs.200/- per month as maintenance. The order dated 9.11.2009 is quoted below:
"There is an order of this Court dated 16.2.1993 directing the petitioner to deposit a sum of Rs.10,000/- within one month from that date and he was further directed to pay the maintenance @ Rs.200/- per month.
List on 24.11.2009.
On that date, the petitioner should file an affidavit annexing proof that he has complied with the interim order dated 16.2.1993."
5-From perusal of the record, it appears that the petitioner has not complied with the order dated 9.11.2009.
6- I perused the order and the material available on record, I do not find any illegality, impropriety, material irregularity or jurisdictional error in the impugned order.
7-In view of above, the writ petition is dismissed.
8-Interim order, if any, is vacated.
Order Date :- 20.7.2018 OP
2 issues framed by the court
Whether to stay and quash the order dated 21.1.1989 regarding maintenance under Section 125 Cr.P.C.
Whether the petitioner has complied with the order dated 9.11.2009
2 provisions across 2 enactments
Ram Niwas
A.D.J.
Aniruddha Singh
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
