Abdul Sattar vs The State Of Jharkhand And Another .... ...
2023 Latest Caselaw 4293 Jhar

Jharkhand High Court

Abdul Sattar vs The State Of Jharkhand And Another .... ... on 28 November, 2023

Author: Subhash Chand

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.727 of 2023

        Abdul Sattar                                         .....   ... Petitioner
                                   Versus
        The State of Jharkhand and another                     .... .... Opposite Parties
                                      --------

        CORAM :           HON'BLE MR. JUSTICE SUBHASH CHAND
                                          ------
        For the Petitioner                  : Mr. Shadab Eqbal, Advocate
        For the State                       : Mr. Suraj Deo Munda, APP
        For the OP No.2                     : Mr. Jitendra Tripathi, Advocate
                                           --------

05/28.11.2023          Learned counsel for the petitioner and learned counsel for the

opposite party no.2 as well as the learned APP for the State are present.

2. Learned counsel for the petitioner has submitted that instant criminal revision has been preferred against the judgment dated 11.05.2022 passed in Original Maintenance Case No. 58 of 2020 whereby the learned court below has directed to pay the maintenance amount of Rs. 10,000/- per month to the op no.2. The impugned judgment is ex-parte judgment and he came to know in regard to the judgment when the realization of maintenance amount was initiated against him. Accordingly, he has also filed the I.A. No. 7837 of 2023 for condonation of delay.

3. Learned counsel for the petitioner has submitted that against the impugned judgment which was ex-parte the application under section 126 of Cr.PC is maintainable. For the same reason, he is withdrawing this criminal revision with liberty to file the application under section 126 of Cr.PC before the court concerned.

4. Learned counsel for op no.2 and learned APP for the State have no objection for the same.

5. In view of the submissions made, this criminal revision is dismissed as withdrawn with liberty to file application under section 126 of Cr.PC against the impugned judgment before the court concerned.

6. Consequently, I.A. No. 7837 of 2023 also stands disposed of.

(Subhash Chand, J.) RKM