Nisim Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49830 of 2016 Arising Out of PS.Case No. -null Year- null Thana -null District- EASTCHAMPARAN (MOTIHARI) =========================================================== Nasim Khan, S/o Md. Tahir Khan, Resident of Village - Inarawa, P.S.- Ramgadhawa, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shabbah Praween, D/o Jawed Khan, Resident of Village - Banjariya, P.S. - Banjariya, District - East Champaran.

.... .... Opposite Party/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P. =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL JUDGMENT Date: 05-09-2018 1.

This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 12.10.2016 passed by the Principal Judge, Family Court, East Champaran, Motihari, in Maintenance Case No. 125 of 2016 by which he has directed the petitioner to pay ad-interim maintenance of Rs.3,000/- per month to opposite party No. 2. 2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

Counsel for the petitioner has submitted that petitioner is ready for settlement with opposite party No. 2. It has further been submitted that court below has not passed final order in

Patna High Court Cr.Misc. No.49830 of 2016 dt.05-09-2018 2/2 this case. The petitioner is making payment of ad-interim maintenance to opposite party No. 2 as directed by the Principal Judge, Family Court.

4.

The learned court has only ordered for grant of interim maintenance. Therefore, this Court is not inclined to interfere with the impugned order at this stage.

5.

This Criminal Miscellaneous application is accordingly dismissed.

6.

The court below is directed to make efforts to pass final judgment in the maintenance case expeditiously, preferably within a period of six months from the date of receipt of this order by giving short adjournment.

(Sanjay Priya, J) S.Ali/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10/09/2018 Transmission Date 10/09/2018