Taiyaba Khatoon v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.567 of 2015 ======================================================

1. Taiyaba Khatoon Wife of Md.Ansar Khan,D/O Safiur Rahman Khan Resident of Village-Lahbar, P.S-Kawati, District-Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Police, Govt.of Bihar,

3. The Senior Superintendent of Police, Patna

4. Officer In Charge Secretariat, Patna

5. Md.Ansar Khan Son of Lala Haroon Khan, resident of Village-Lahwar, P.S-Kewati, District-Darbhanga.

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

By way of filing the present application under section 482 of the Code of Criminal Procedure, the petitioner seeks a direction to be issued to opposite party nos.2 to 4 to execute the order dated 11.11.2009 passed by the learned Principal Judge Family Court, Darbhanga in Misc. Case No. 17 of 2009 arising out of Maintenance Case No. 82 of 2003, by which the learned Principal Judge has awarded maintenance in favour of the petitioner and her three daughters.

In my view, the application is thoroughly misconceived. The provision of Section 482 of the Code of

Patna High Court Cr.Misc. No.567 of 2015 (2) dt.24-08-2015 2/2 Criminal Procedure cannot be used for the purpose of execution of an order passed by a subordinate court.

Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T