Patna High CourtCR. MISC./20885/2015dismissed

Md. Sarfuddin v. State Of Bihar And ANR

2015-06-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20885 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- JAMUI =========================================================== Md. Sarfuddin, Son of Moti Ahmad, Resident of Village - Shahpur Baghauni, Police Station - Beni, District - Samastipur. .... .... Petitioner

Versus

1. The State of Bihar.

2. Zinat Praveen, Wife of Md. Sarfuddin, daughter of Late Abdur Rauf, Resident of Village - Sonaichatti, P.S.- Jamui, District - Jamui. .... .... Opposite Parties =========================================================== Appearance :

For the Petitioner/s : Mr. Achal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ashok Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 29-06-2015 This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 5.4.2012 passed by the learned Principal Judge, Family Court, Jamui in Maintenance Case No. 31M of 2008 whereby the court below has awarded a maintenance of Rs. 1500/- in respect of opposite party no. 2 and Rs. 700/- in respect of her minor daughter under Section 125 of the Code of Criminal Procedure.

It would appear from the record that the petitioner has challenged the aforesaid order dated 5.4.2012 before this Court in a

Patna High Court Cr.Misc. No.20885 of 2015 dt.29-06-2015 2 / 2 revision application vide Criminal Revision No. 646 of 2012. While disposing of the aforesaid criminal revision, a Bench of this Court observed as under:- "Considering the reasonableness of the quantum of maintenance, this Court is not persuaded to interfere with the order passed by the court below and this Criminal Revision application is accordingly disposed of."

Since the petitioner failed to get any relief in the revision application, he has filed the instant application under Section 482 of the Code of Criminal Procedure before this Court. In my view, the application is thoroughly misconceived. It is dismissed, accordingly.

(Ashwani Kumar Singh, J.) Sanjeet/- U T