← Library
Patna High CourtCR. MISC./3095/2015disposed

Md. Nehal Ahmad v. State Of Bihar And ANR

2015-01-23Mr. Justice Akhilesh Chandra2 pages

Patna High Court Cr.Misc. No.3095 of 2015 (2) dt.23-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3095 of 2015 ================================================== Md. Nehal Ahmad, son of Md. Mohiuddin, resident of Isapur Gold Market Phulwarisharif, P.S. - Phulwarisharif, District - Patna.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ================================================== Appearance :

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Md.A.Haque Sahara(APP) =================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 2.

23-01-2015 Heard learned counsel for the parties.

This is an application seeking modification in order dated 16.09.2010 passed in Cr. Misc. No. 13830/2010 seeking some relaxation in the amount to be deposited as interim maintenance.

It is pointed out that earlier modification application was disposed of vide order dated 5th February, 2014 passed in Cr. Misc. No. 35486/2013, mainly on the report of the trial court received through letter no. 495 dated 19th December, 2013, that only examination of the Investigating Officer was to be done, but surprisingly enough, matter is still pending, as submitted, in spite of the parties entering into

Patna High Court Cr.Misc. No.3095 of 2015 (2) dt.23-01-2015 compromise and due application to the effect has been filed and as per agreement 4.5 Lakhs has already been paid as full and final maintenance to wife of the petitioner.

It is shocking to note that only for examination of Investigating Officer matter is pending for more than a year.

Trial court i.e.

learned Adhoc Additional District Judge - 3rd, Nawada in connection with S.T. No. 76/2011/48/2011 arising out of Town P.S. Case No. 444/2009, is directed to do all the needfuls in accordance with law and conclude the trial within two months from the date of communication of this order.

In view of the above, there is no necessity for any modification, accordingly, this application stands disposed of.

Rajeev/- (Akhilesh Chandra, J.) U T