Petitioner challenged conditional arrest warrant. Court noted it is for the magistrate to verify maintenance arrears. If arrears are paid within one month, the warrant becomes redundant; otherwise, recovery proceedings continue.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-11696 of 2012 Date of decision : April 26, 2013
Dr. Amit Jain
....Petitioner
versus
Komal Jain and another
....Respondents
Coram: Hon'ble Mr. Justice L.N. Mittal
Present : Mr. Madan Pal, Advocate, for the petitioner
Mr. SS Narula, Advocate, for respondent nos. 1 and 2
L.N. Mittal, J. (Oral)
Dr. Amit Jain has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) assailing order dated 6.4.2012, Annexure P/17 passed by learned Judicial Magistrate Ist Class, Ludhiana thereby ordering issuance of conditional arrest warrant of the petitioner.
Respondents herein who are wife and minor son respectively of the petitioner have filed execution proceedings for recovery of the maintenance amount granted to them under section 125 Cr.P.C. In those proceedings, since the petitioner allegedly did not pay the amount of maintenance, the impugned order was passed.
Criminal Misc. No. M-11696 of 2012
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I have heard counsel for the parties and perused the case file. Counsel for the petitioner contended that all the arrears of maintenance stood already deposited. The contention has been refuted by counsel for the respondents.
I need not enter into and adjudicate this controversy. It is for the learned Magistrate to do so. If the petitioner pays the arrears of maintenance, if any, within one month from today, the impugned order shall obviously become redundant. However, if the arrears of maintenance, if any, is not so paid, learned Magistrate shall proceed with the recovery proceedings in accordance with law.
Disposed of accordingly.
April 26, 2013 'dalbir'
Dr. Amit Jain
Komal Jain
L.N. Mittal
As recorded by the court registry
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