Patna High CourtCR. MISC./50660/2012dismissed

Umesh Prasad Singh v. The State Of Bihar Through Its Principal Secretary, Department Of Law Govt. Of Bihar And ANR.

2015-05-07Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50660 of 2012 ======================================================

1. Umesh Prasad Singh S/O Mahendra Narayan Singh Resident Of Mainpura, P.S- Pataliputra, District- Patna.

.... .... Petitioner/s

Versus

1. The State Of Bihar Through Its Principal Secretary, Department Of Law Govt. Of Bihar, Patna.

2. Sapana Kumari W/O Umesh Prasad Singh And D/O Sri Kranti Singh At And P.O- Sanbauli, P.S- Chitragupta Nagar, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Binod Kumar No.3 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner submits that petitioner has been paying Rs.4,000/- under Section 24 of the Hindu Marriage Act to opposite party no.2 and also paying Rs.2,000/- for maintenance of his daughter. The present proceeding under Section 125 of the Code of Criminal Procedure is nothing but an additional harassment to the petitioner in view of the fact that opposite party no.2 is getting substantial amount for her maintenance. He has further submitted that petitioner has filed an application before the Principal Judge, Family Court, Khagaria raising a

Patna High Court Cr.Misc. No.50660 of 2012 (2) dt.07-05-2015 point of non-maintainability of the application which is pending for disposal and the court below is not deciding the issue of maintainability under Section 125 of the Code of Criminal Procedure.

In view of the aforesaid fact, the court below is directed to consider the application of the petitioner about maintainability and he will pass the order on merit in accordance with law within a period of four weeks from the date of receipt/production of a copy of this order. This Court is not giving any opinion on the merit of the case. Accordingly with the aforesaid observation this application is disposed of.

(Shivaji Pandey, J) Vinay/- U T