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High Court Of ChhattisgarhCRMP/1195/2016disposed off

Smt. Kavita Patel v. Janak Ram Patel

2016-11-02Hon'Ble Shri Justice P. Sam Koshy2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR ORDER SHEET CRMP No. 1195 of 2016 Smt. Kavita Patel W/o Janakram Patel Aged About 41 Years Occupation- Housewife, R/o Village Darrabhatha, Police Station & Tahsil Sarangarh, District Raigarh, Chhattisgarh. At Present R/o Village Budeli, Police Station & Tahsil Baramkela, District Raigarh, Chhattisgarh. ----Applicant

Versus

Janak Ram Patel S/o Late Khageshwar Prasad Patel Aged About 43 Years OccupationService & Cultivator, R/o Village Darrabhatha, Police Station & Tahsil Sarangarh, District Raigarh, Chhattisgarh. Place Of Service Village Tamandih, Police Station & Tahsil Sarangarh, District Raigarh, Chhattisgarh, At Present R/o Village & Post- Salar, Tahsil Sarangarh, District Raigarh, Chhattisgarh.

----Respondent.

02/11/2016 Shri RS Patel, Advocate for the petitioner.

The present petition has been filed with a limited prayer for firstly the Misc. Criminal Case No.26/2013 pending before the Judicial Magistrate First Class, Sarangarh be directed to decide the case expeditiously. Secondly, in alternative, it is sought for enhancement of interim maintenance which was granted on 03.02.2014.

Counsel for the petitioner submits that he does not want to press the second prayer for enhancement of interim maintenance. Accordingly, the second prayer is dismissed as not pressed. So far as first prayer for a direction to the court below to decide Misc. Criminal Case No.26 of 2013 is concerned, it is settled position of law that proceeding under Section 125 of CrPC is a summary proceedings which has to be decided summarily, but taking into consideration the duration of time which the

petitioner took in closing her evidence, at this juncture all that would be necessary to direct the court below is to decide the said case as expeditiously as possible without granting any long adjournment to the parties.

It is ordered accordingly and the court below is directed to decide the Misc. Criminal Case No.26 of 2013 as expeditiously as possible.

With the aforesaid observation, the present petition stands disposed of Sd/- (P. Sam Koshy) JUDGE Inder