Sheo Kumar Bhagat @ Shiv Kumar ... vs The State Of Jharkhand
2022 Latest Caselaw 3433 Jhar

               IN THE HIGH COURT OF JHARKHAND, RANCHI
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Cr.M.P. No. 2224 of 2022 .

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Sheo Kumar Bhagat @ Shiv Kumar Bhagat aged about 32 years, son of Ramanand Bhagat resident of village Sonarchak, P.O.+P.S. Pathargama, District Godda ..... Petitioner

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1.The State of Jharkhand

2.Komal Devi, wife of Sheo Kumar Bhagat @ Shiv Kumar Bhagat, resident of Village Sonarchak, PO +PS Pathargama, District Godda present address Komal Devi daughter of Surendra Prasad Sah, wife of Sheo Kumar Bhagat @ Shiv Kumar Bhagat, resident of Village Kushmaha(Baratanr), P.O.-P.S. Jarmundi, District -Dumka ...... Opposite Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Manoj Kumar Sah, Advocate For the State :- Mr. Shiv Shankar Kumar, Advocate

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4/29.08.2022 This petition has been filed for quashing the order dated 07.06.2022 passed by the learned Principal Judge Family Court, Dumka passed in Original Maintenance (Execution) Case No.49/2019 whereby Principal Judge Family Court, Dumka has rejected the petition dated 13.04.2022 filed by the petitioner to drop the proceeding Original Maintenance (Execution) Case No.49/2019, pending before the learned Principal Judge Family Court, Dumka.

The learned counsel for the petitioner submits that order dated 07.06.2022 is not in accordance with law and the learned court has not appreciated the facts and law.

The learned counsel for the respondent State submits that there is no illegality in the impugned order.

The Court has perused the order dated 07.06.2022 and finds that the learned court has observed that Criminal Revision filed against the judgment dated 07.12.2019 passed by the Family Court in Original Maintenance (Execution) Case No.49/2019 is dismissed on 17.11.2021 challenged by the petitioner and the petitioner preferred First Appeal No.19/2022 is pending before the High Court. It appears that the learned court has rightly not passed the final order as the First Appeal is pending before this Court.

There is no illegality in the impugned order, and accordingly, this petition is dismissed.

I.A., if any, stands disposed of.

( Sanjay Kumar Dwivedi, J.)

SI/,