Anand Kumar Gupta vs The State Of Jharkhand & Another
2023 Latest Caselaw 3601 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr. Revision No.550 of 2022
         Anand Kumar Gupta                                  ..... ... Petitioner
                                   Versus
         The State of Jharkhand & Another                  .... .... Opp. Parties
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CORAM : HON'BLE MR. JUSTICE SUBHASH CHAND

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         For the Petitioner                : Mr. Jay Shankar Tiwary, Advocate
                                              Mr. Pratyush Shounikya, Advocate
         For the State                     : Mrs. Priya Shrestha, Spl. PP
         For the OP No.2                   : Mr. P.A.S Pati, Advocate
                                              Mrs. Vani Kumari, Advocate
                                         --------
07/21.09.2023          Learned counsel for the petitioner and learned counsel for the

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

2. This criminal revision has been directed against the order dated 23.04.2022 passed in Original Maintenance Case No.17 of 2017 whereby the court below has directed to pay the maintenance amount of Rs.5,000/- to opposite party no.2 and Rs.4,000/- to the daughter of opposite party no.2.

3. Admit.

4. The learned counsel for the petitioner has submitted that this impugned judgment was passed by the court below on 23.04.2022 and thereafter, the divorce decree was also passed in Original Suit No.506 of 2016 of divorce. The divorce was granted on 02.05.2022 and while granting the divorce the permanent alimony Rs.7 lacs to the wife and Rs.5 lacs to the daughter were awarded. The copy of the judgment in the divorce case is annexure no.1 of this petition. From the perusal of this judgment, it is found that the maintenance awarded under section 125 of Cr.PC was not taken into consideration.

5. In view of the above, the prayer sought by the learned counsel for the petitioner in this petition to stay the operation of the impugned order.

6. In view of the material on record and rival submissions made on behalf of the learned counsel for the parties, the operation of the impugned order is, hereby, stayed.

7. LCR has already been received.

8. List for hearing on 09.11.2023.

(Subhash Chand, J.) RKM