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Patna High CourtCR. MISC./40147/2015converted

Rajeev Kumar Thakur @ Rajeev Kumar v. State Of Bihar And ANR

2016-04-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40147 of 2015 Arising Out of PS.Case No. -1306 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Rajeev Kumar Thakur @ Rajeev Kumar Son of Late Dineshwar Thakur Resident of village - Barati, Police Station - Rajapakar, District - Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Smt. Chetna Wife of Rajeev Kumar Thakur Resident of village - Barati, Police Station - Rajapakar, P.O. Bidhupur, District - Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Ojha For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-04-2016 By way of the present application preferred under Section 482 of the Code of Criminal Procedure, the petitioner has sought for quashing of the order dated 23.07.2015 passed by the learned Sub Divisional Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 1306 of 2014, whereby the petitioner has been directed to provide at least one room in his accommodation and to pay Rs.10,000/- to the complainant on or before 15th of every month in order to meet her regular expenditure. The aforesaid order dated 23.07.2015 is a final order in a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005.

Realizing the fact that against final order revision

Patna High Court Cr.Misc. No.40147 of 2015 (2) dt.08-04-2016 2/2 would lie, learned counsel for the petitioner seeks leave to convert the present application filed under Section 482 of the Code of Criminal Procedure into an application under Sections 397 and 401 of the Code of Criminal Procedure.

Leave is granted. Let steps in this regard be taken within one week from today.

(Ashwani Kumar Singh, J) Pradeep/- U