Sanjeev Kumar Sah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20938 of 2015 Arising Out of PS.Case No. -132 Year- 2009 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Sanjeev Kumar Sah son of Kapildeo Sah, resident of village - Patepur, P.S.- Patepur, District - Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Pinki Devi. Daughter of Dilip Kumar Sah, resident of village - Baheri, P.S.- Baheri, District - Darbhanga.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/ : Mr. Prem Prakash Poddar, Advocate For the Opposite Party/s : Mr. C.Sen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-06-2015 In this application filed under section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing the maintenance case bearing M.R. Case No.132 of 2009 filed by opposite party no.2 Pinki Devi in the court of Principal Judge, Family Court, Darbhanga.
It would appear from the record that the petitioner has been noticed in the aforesaid maintenance case in which opposite party no.2 has alleged that despite having sufficient means the petitioner, who is her husband neglects to maintain her and having no source of income she is unable to maintain herself. The contention of the petitioner is that on the basis of false allegation,
Patna High Court Cr.Misc. No.20938 of 2015 (2) dt.29-06-2015 2/2 the aforesaid maintenance case has been instituted. Be that as it may, there is no challenge to the authority or jurisdiction of the Principal Judge, Family Court, Darbhanga in the matter. The petitioner has not challenged any adverse order in the case passed against him. In that view of the matter, I am of the opinion that the application is thoroughly misconceived. Accordingly, the application is dismissed.
(Ashwani Kumar Singh, J) Md.S./- U T