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Patna High CourtCR. WJC/634/2019dismissed

Sangita Kumari @ Sangita Kumari Bharti v. The State Of Bihar Through The Principal Secretary, Department Of Home, Patna And ORS.

2019-04-15Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.634 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- ====================================================== Sangita Kumari @ Sangita Kumari Bharti (Female) aged about 29 years, Daughter of Parshuram Thakur Resident of Mohalla - Subhash Nagar, Patrakar Lane, Gumti no. 3, Sarswati Bhawan, P.S. Kotwali, District - Munger.

... ... Petitioner

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Patna 2.

The District Magistrate, Munger.

3.

The District Magistrate, Bhagalpur 4.

The Superintendent of Police, Bhagalpur.

5.

The Officer Incharge, Adampur Police Station, District - Bhagalpur. 6.

Umesh Kumar Thakur Son of Siyaram Thakur Resident of Mohalla - R.K. Lane Jogsar Budhnath Road, P.S. Adampur, District - Bhagalpur. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Advocate For the Respondent/s :

Mr.Manish Kumar, GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date : 15-04-2019 Defects pointed out by the Registry are ignored. 2.

This writ application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents for executing the warrant of arrest as well as distress warrant against the respondent for implementing the order dated 30.01.2014 passed by the Principal Judge, Family Court, Munger in Maintenance Case No. 32 M of 2013.

Patna High Court CR. WJC No.634 of 2019 dt.15-04-2019 2/2 3.

In the opinion of this Court, when the matter is pending before the learned Principal Judge, Family Court, a parallel proceeding before this Court under Articles 226 and 227 of the Constitution of India for implementing an order passed by the learned Principal Judge, Family Court, would not be maintainable.

4.

Accordingly, the writ application is dismissed.

5.

The petitioner may pursue his remedy before the court concerned.

(Ashwani Kumar Singh, J) kanchan/- AFR/NAFR NAFR CAV DATE NA Uploading Date 16.04.2019 Transmission Date