Patna High CourtCR. MISC./2143/2015dismissed

Md. Jalil @ Pappu v. State Of Bihar And ANR

2017-02-04Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.2143 of 2015 dt.04-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2143 of 2015 Arising Out of PS.Case No. -null Year- null Thana -null District- BUXAR =========================================================== Md. Jalil @ Pappu, Son of Nasruddin Mansuri, Resident of Village - Bairi, P.SItarhi, District - Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Jarina, D/o Mohammad Safique, Resident of Village - Barkarajpur, P.S- Simri, District - Buxar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 04-02-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 17.06.2014 passed in Maintenance Case No. 118(M) of 2011, whereby the learned Principal Judge, Family Court, Buxar, directed the petitioner to pay Rs.15,00/- per month as ad-interim maintenance to the applicant-opposite party no.2.

3. Learned counsel for the petitioner submits that since petitioner is daily wages labourer, therefore, the order of payment of Rs.15,00/- per month as ad-interim maintenance to the applicant-

Patna High Court Cr.Misc. No.2143 of 2015 dt.04-02-2017 opposite party no. 2 by the petitioner is excess.

4. On going through the impugned order, I find no illegality in the impugned order amounting to abuse of the process of the court for interference in inherent jurisdiction under Section 482 of the Code of Criminal Procedure.

5. Accordingly, this application is dismissed. However, the petitioner would be at liberty to raise his defence/points in trial court at the appropriate stage, under Section 127 of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- AFR/NAFR CAV DATE Uploading Date Transmission Date