Anil Kumar Thakur vs Indu Devi & Ors
2023 Latest Caselaw 4101 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                         Cr. Revision No.415 of 2022

        Anil Kumar Thakur                              .....   ... Petitioner
                                  Versus
        Indu Devi & Ors.                              .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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For the Petitioner : Md. Sajid Yunus, Advocate For the State : Mrs. Snehlika Bhagat, A.P.P.

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07/31 October, 2023 st

I.A. No.6517 of 2023

1. The present interlocutory application has been filed on behalf of the petitioner with prayer to stay the order of distress warrant dated 5th November, 2022 during pendency of the instant criminal revision.

2. Learned counsel for the petitioner submitted that the learned court below while passing the impugned judgment awarded the maintenance amount to the wife and both the children but the learned court below has not assessed the income of the petitioner as per evidence adduced on record. It is further submitted that earlier the petitioner was an engineer and he was getting salary of Rs.23,000/- per month but subsequently he resigned from the job. The learned court below has not taken into consideration the said fact. The petitioner is unemployed now and is not capable to arrange the amount of Rs.1,65,000/- for which the distress warrant has been issued against him. It is also submitted that the petitioner undertakes to deposit 25% of the aforesaid amount within a period of two weeks and prayed to keep the distress warrant in abeyance.

3. Learned A.P.P. opposed the contentions made by the learned counsel for the petitioner and contended that the petitioner has not paid even a single penny till date.

4. In view of the submissions made and materials available on record and also taking into consideration the finding recorded by the learned court below in impugned judgment, the present interlocutory application deserves to be allowed.

5. Accordingly, I.A. No.6517 of 2023 stands allowed.

6. In consequence therefore, the operation of distress warrant is kept in abeyance during pendency of this criminal revision with condition that the petitioner shall deposit 25% of total amount i.e., Rs.1,65,000/- within a period of one week from the date of reopening of the learned court below.

Cr. Revision No.415 of 2022

7. Office is directed to call for the scanned copy of the LCR.

8. List this case on 5th December, 2023.

(Subhash Chand, J.) Rohit