The High Court of Jharkhand dismissed the petitioners infructuous application for interim maintenance under Section 125 CrPC as a final order had already been passed and is pending challenge before the same court.
The application for interim maintenance was dismissed as infructuous.
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In the High Court of Jharkhand at Ranchi
Cr.M.P. No.1452 of 2016
Sri Sekhar Paul, son of Late Paresh Nath Paul, resident of Haludbani, Namotola, P.O. Parsudih, P.S.Parsudih, Jamshedpur,Dist-East Singhbhum...............Petitioner
V E R S U S
State of Jharkhand and others..................….......Opposite Parties
CORAM : HON’BLE MR. JUSTICE ANANDA SEN
For the Petitioner: Mr.D.K.Karmakar, Advocate For the State :Mr.Mukesh Kumar, APP
02/ 16.3.17. Counsel for the petitioner submits that in this application he has challenged the order dated 5.5.2016 passed by the Principal Judge, Family Court, Jamshedpur by which ad interim maintenance has been granted to the applicant.
It is submitted that final order has already been passed in Cr.Misc. No.45 of 2015 by the Principal Judge, Family Court, Jamshedpur. He further submits that he has already challenged the final order passed under Section 125 of the Code of Criminal Procedure by filing Cr. Misc. No.256 of 2017 which is still pending before this Court.
Since the final order under section 125 of the Code of Criminal Procedure has already been passed, this application has become infructuous, hence, this application is dismissed as infructuous.
(Ananda Sen, J.)
ND/
1 issue framed by the court
Whether the application for interim maintenance is maintainable when a final order under Section 125 CrPC has already been passed and is under challenge.
1 provisions across 1 enactments
Sri Sekhar Paul
State of Jharkhand
Ananda Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
