Aslam Miya Qureshi v. The State Of Maharashtra And Others

criwp1278.14 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1278 OF 2014 Aslam Miya Qureshi ..PETITIONER

VERSUS

The State of Maharashtra & ors.

..RESPONDENTS Mr K.B. Autade, Advocate for petitioner;

Ms R.P. Gaur, Addl. Public Prosecutor for respondent no.1 CORAM : N.W. SAMBRE, J.

DATE : 26th April, 2016 ORAL ORDER :

Heard.

2.

Pursuant to an application under the provisions of Protection of Women from Domestic Violence Act, preferred by respondents no.2 to 5, learned Judicial Magistrate First Class, Newasa, by an order dated 24th June, 2011, has granted following reliefs :- a) Maintenance of Rs.2,000/- per month to respondent no.2; b) An order of injunction not to transfer or create any encumbrance in relation to immovable property owned by the petitioner; c) Payment of Rs.2,000/- towards rent to respondent no.2; d) Rs.6,500/- towards medical expenses to be paid to respondent no.2 within two months;

criwp1278.14 (2) e) Rs.10,000/- towards compensation, and f) Rs.1,000/- towards expenses of litigation.

3.

The aforesaid order was challenged in Criminal Appeal No.16 of 2014 before the learned Additional Sessions Judge, Newasa, who by an order dated 18th July, 2014 has reduced the amount of maintenance from Rs.2,000/- to Rs.1,000 per month.

4.

The first order was passed by the learned Magistrate on 24th June, 2011. whereas learned Additional Sessions Judge passed an order in appeal on 18th July, 2014. There is no interim order operating in favour of the petitioner since 2011.

5.

In that view of the matter and looking to the quantum of maintenance involved in the present proceedings, in my opinion, no case for interference in extraordinary jurisdiction is made out. Thus, Criminal Writ Petition fails and stands dismissed.

(N.W. SAMBRE, J.) amj