Smt. Latashri Sahu vs Bijju Sahu
2022 Latest Caselaw 2490 Chatt

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                                                                            NAFR

          HIGH COURT OF CHHATTISGARH, BILASPUR
                              CRR No. 280 of 2022

     1. Smt. Latashri Sahu W/o Bijju Sahu Aged About 31 Years R/o
        Kaurinbhatha, Ward No. 44, Behind Adiwasi Chatrawas, Police
        Station Basantpur, Tahsil And District Rajnandgaon
        Chhattisgarh
     2. Yogy Sahu S/o Bijju Sahu Aged About 09 Years Minor Through
        Natural Guardian Mother Smt. Latashri Sahu, R/o Kaurinbhatha,
        Ward No. 44, Behind Adiwasi Chatrawas, Police Station
        Basantpur, Tahsil And District Rajnandgaon Chhattisgarh
                                                                    ---- Applicants
                                       Versus
     • Bijju Sahu S/o Baburam Sahu Aged About 38 Years R/o Atal
       Bihar Colony, L. I. G. Block No. 7, House No. 206, Pendri,
       Police Station Lalbag, District Rajnandgaon Chhattisgarh
                                                                ---- Respondent
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For Applicant : Shri Punit Ruparel, Advocate For Respondent : Shri Shashi Bhushan Tiwari, Advocate

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board 18.4.2022

1. This criminal revision has been preferred against order

dated 03.02.2022 passed by Additional Sessions Judge (FTC),

Rajnandgaon in Criminal Appeal No.39/2021 whereby, interim

order passed by Judicial Magistrate First Class, Rajnandgaon

granting interim maintenance to the tune of Rs.3,000/- & Rs.

2000/- to the applicants 1 & 2 respectively under Section 23(1) of

the Protection of Women from Domestic Violence Act, 2005 (for

short 'the Act 2005'), has been set aside and the matter was

remanded back with a direction to pass fresh order by following

the directions issued by the Hon'ble Apex Court in Criminal

Appeal No.730/2020 (Rajnesh Vs. Neha) judgment dated

04.11.2020.

2. Learned counsel for the applicants submits that this

criminal revision may be disposed of by directing concerned

Judicial Magistrate First Class, Rajnandgaon to dispose of the

interim application filed by the applicants under Section 23(1) of

the Act 2005, which has been directed to reconsider by the

Additional Sessions Judge (FTC), Rajnandgaon.

3. Learned counsel for the respondent submits that he has

filed memo of appearance on behalf of the respondent today

only. He further submits that he has no objection if

aforementioned prayer made on behalf of the appellant is

allowed.

4. Considering the submission made by learned counsel for

the applicants, Judicial Magistrate First Class, Rajnandgaon is

directed to dispose of the interim application filed by the

applicants under Section 23(1) of the Act 2005, for grant of

interim maintenance, without being influenced with the order

passed by Additional Sessions Judge (FTC), Rajnandgaon in

Criminal Appeal No.39/2021, within a period of 30 days after

receiving/production of certified copy of this order.

5. With aforesaid observation, instant criminal revision stands

disposed of.

Sd/-

(N.K. Chandravanshi) JUDGE Bini