Patna High CourtCR. WJC/1290/2019dismissed

Madhuri Devi v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna

2019-09-09Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1290 of 2019 Arising Out of PS. Case No.- Year-0 Thana- District- Patna ====================================================== Madhuri Devi, aged about 55 years, Gender-F, W/o Sri Chakreshwar Sharma, D/o Late Akhilesh Singh Resident of Village- Nageshwar Colony, House No.54, Boring Road, P.S.- Budha Colony, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna 2.

The Director General of Police, Bihar, Patna 3.

The Superintendent of Police Railway, Muzaffarpur. 4.

The Superintendent of Police, Jehanabad. Bihar 5.

Chakreshwar Sharma, aged about 63 years, Son of Late Binda Singh, permanent resident of Village- Jai Kishun Bigha, P.O.- Jaitipur, Korma, P.S.- Okari (Goshi), Distt- Jehanabad, Pin Code- 804408 at present residing at village- Bhrampur, near at Primary School, Bagicha Nichali Gali, P.S.- Phulwarisharif, Distt.- Patna, Pin Code- 801505 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar Sinha-Advocate For the Respondent/s :

Mr. Sheo Shankar Prasad-SC-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT 09-09-2019 Defects, as pointed out by the stamp reporter, are ignored.

2. Heard learned counsel for the petitioner.

3. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for directing the respondents to comply the order dated 30.11.2012 passed by the learned Principal Judge, Family Court, Patna by which, the respondent no.5, was directed to pay the interim maintenance amount of Rs.5,000/- per month to the petitioner.

Patna High Court CR. WJC No.1290 of 2019 dt.09-09-2019 2/2

4. In the opinion of this Court, the application is totally misconceived. A writ petition cannot be filed for a mandamus to be issued to the private respondents to comply with the order passed by a subordinate Court.

5. The application is dismissed.

(Ashwani Kumar Singh, J) vikash/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 11.09.2019 Transmission Date 11.09.2019