Gujarat High Court
Mohammed Riyaz Ibrahim Chauhan vs State Of Gujarat on 29 August, 2022
Bench: Samir J. Dave
R/CR.RA/1042/2017 ORDER DATED: 29/08/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1042 of 2017
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MOHAMMED RIYAZ IBRAHIM CHAUHAN
Versus
STATE OF GUJARAT & 2 other(s)
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Appearance:
KHUSHBU H DANECHA(7099) for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Respondent(s) No. 2,3
MS NEHA C SHUKLA(6172) for the Respondent(s) No. 2,3
MR RC KODEKAR, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 29/08/2022
ORAL ORDER
1. Present Criminal Revision Application has been filed by
the applicant seeking relief of quashing of order dated
07/10/2016 passed below Exh.8 in Criminal Misc. Application
No.270 of 2016 and order dated 26/08/2017 as well as
direction to the Jail Authority, Bharuch District Jail to release
the applicant on bail.
2. Brief facts of the case are as such that in view of
application under Section 125 of the Criminal Procedure
Code, the applicant was ordered to pay maintenance vide
judgment and order dated 16/07/2016 passed by learned
Family Court, Bharuch below Exh.10 in Criminal Misc.
Application No.561 of 2014 (Old No.613 of 2014). Since the
applicant was not paying the amount of maintenance, wife of
the applicant filed an application for arrest of the applicant as
R/CR.RA/1042/2017 ORDER DATED: 29/08/2022
well as recovery of the amount due wherein the learned
Family Court passed orders dated 07/10/2016 and
26/08/2017.
3. Ms. Khushbu Danecha, learned advocate for the
applicant submitted that orders dated 07/10/2016 and
28/06/2017 are against the principles of law and the same are
contrary to the evidence on record. It is also submitted by
learned advocate that the applicant is cancer patient and
suffering since last two years and application for maintenance
is filed by wife of the applicant only with a view to harass the
applicant even though she is earning sufficiently. Learned
advocate for the applicant further submitted that the
applicant is not residing with his family members and is
suffering from severe decease and very poor person who is
not able to take the burden of giving maintenance to the
respondents and hence, the aforesaid orders are required to
be quashed and set aside, as prayed for.
4. Opposing aforesaid submissions on behalf of the
applicant, Ms. Neha Shukla, learned advocate for respondents
nos.2 and 3 submitted that the respondents are responsibility
of the applicant and as the respondents are having no source
of survival, order of giving maintenance amount passed by the
Family Court, Bharuch is proper which is required to be
obeyed and this Court is not required to grant the application
of the applicant. She further submitted that again recovery
application is also filed by the respondents and recovery
warrant is issued by the trial court which is not found.
R/CR.RA/1042/2017 ORDER DATED: 29/08/2022
5. Heard learned advocates for the respective parties and
perused the documents on record.
6. Considering the submissions made by learned advocates
for the respective parties as well as documents on record, it
appears that no records is found to establish the ailment of
the applicant. Recovery warrant issued by the trail court is
also not found. No whereabouts of the applicant accused also.
In view of the same, no discretion is required to be exercised
in faovur of the applicant and the present application of the
applicant is required to be dismissed. Hence, the same is
dismissed.
(SAMIR J. DAVE,J)
ILA
