The Patna High Court dismissed this criminal revision challenging the dismissal of a recovery application. The lower court rejected recovery because the maintenance case was withdrawn, a finding this court accepted.
The application for review of order is dismissed.
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Patna High Court CR. REV. No.601 of 2010 (3) dt.21-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Revision No.601 of 2010
====================================================== Rani Devi wife of Narendra Kumar, daughter of Birendra Bihari Prasad, resident of Village-Sugaon, P.O.+P.S.-Sugauli, District-East Champaran. .... .... Petitioner Versus 1. The State Of Bihar. 2. Narendra Prasad son of Sri Rup Narayan Prasad, resident of Village-Balchaji P.O.-Bakhari Bazar, P.S.-Patahi, District-East Champaran. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 3 21-01-2013 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This criminal revision is directed against the order dated 16.2.2010 passed in Miscellaneous Case No. 52 of 2009 by the court of Principal Judge, Motihari, whereby the learned Principal Judge dismissed the application of the petitioner for recovery of amount, which was due in Maintenance Case No. 261 of 2005.
On perusal of the impugned order, it appears that the learned Principal Judge rejected the application of the petitioner whereby the prayer was made for recovery of the amount which was due in Maintenance Case No. 261 of 2005 on the ground that the case has already been withdrawn by the
Patna High Court CR. REV. No.601 of 2010 (3) dt.21-01-2013
petitioner.
As such, I find no illegality in the impugned
order. Accordingly this application is dismissed.
(Rajendra Kumar Mishra, J)
Safik/-
1 issue framed by the court
Whether the principal judge was correct in dismissing the recovery application since the maintenance case was withdrawn by the petitioner.
Rani Devi
The State Of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
