Allowed

Debabrata Akrurcharan Panda v. the State of Maharashtra and Anr.

Bombay HC30 Jan 2013WP/4062/2012

Case brief

AI extract

What is this about?

The Single Judge allowed the criminal writ petition, setting aside the lower court orders dismissing the appeal and ordering maintenance trial. The Court directed that the wife must prove her medical needs through documentary evidence and that the existing deposit be considered during trial.

What did the court decide?

The impugned orders dismissing the criminal appeal and ordering maintenance were set aside, and the trial was ordered with directions to consider the deposited amount.

Debabrata Akrurcharan Panda Vs the State of… — Maintenance and Alimony | Bombay HC (2013)

Cr.W.P.No.4062_2012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.4062 OF 2012

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Debabbrata Akrurcharan Panda --

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Petitioner

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V/s.

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The State of Maharashtra & Anr. -- Respondent

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Mr. Devendranath S. Joshi, Adv. for the Petitioner. Mrs. A.A. Mane, APP for Respondent No.1.

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Ms. Anuragranjita Panda, Respondent No.2 present.

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CORAM : MRS. ROSHAN DALVI, J. DATE : 30th January, 2013.

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P.C. :-

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Rule. Made returnable forthwith.

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The application of Respondent No.2 wife is essentially for her medical treatment. She has made a separate application for maintenance U/s.125 of the Cr P C. The order of the learned Magistrate Court has been challenged in the Sessions Court and a sum of Rs.1,50,000/- was deposited as per the said order. That amount has been withdrawn. It was meant to be for surgery. Surgery is not performed. The Wife states that the amount is insufficient for surgery. Hence she used it for her medical treatment.

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The order of the learned Magistrate ordering deposit of Rs.2,50,000/- has been modified by the learned Sessions Judge pending the Criminal appeal filed against the order of the learned Magistrate by an order of deposit of Rs.1,50,000/-.

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The application made by the wife must proceed to trial. The wife must prove the medical documents relied upon by her

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2 Cr.W.P.No.4062_2012

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through the evidence of the Doctor, the hospital witness etc. The Petitioner shall not delay trial. Consequently, the impugned order dated 30^th October, 2012 dismissing the criminal appeal as also the order passed by the learned JMFC, Vashi dated 23^rd May, 2012 are set aside and the aforesaid trial is ordered.

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The learned Magistrate in the trial shall consider the deposit of Rs.1,50,000/- already made and shall consider the further needs of Respondent No.2, wife.

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The Criminal Writ Petition is disposed off in terms of these directions.

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Rule is granted to that extent.

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( ROSHAN DALVI, J.)

Debabrata Akrurcharan Panda v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Debabrata Akrurcharan Panda v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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