Ritesh Kumar Chanchal vs The State Of Jharkhand And Another .... ...
2024 Latest Caselaw 1001 Jhar

Jharkhand High Court

Ritesh Kumar Chanchal vs The State Of Jharkhand And Another .... ... on 1 February, 2024

Author: Subhash Chand

Bench: Subhash Chand

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                             Cr. Rev. No.245 of 2023

        Ritesh Kumar Chanchal                              .....   ... Petitioner
                                   Versus
        The State of Jharkhand and another                   .... .... Opposite Parties
                                      --------

        CORAM :         HON'BLE MR. JUSTICE SUBHASH CHAND
                                         ------
        For the Petitioner                 : Mr. Imtiaz Khan, Advocate
        For the State                      : Mr. Rajneesh Vardhan, APP
        For the OP No.2                    : Mr. Deepak Sahu, Advocate

                                         --------

05/01.02.2024        Learned counsel for the petitioner and learned APP for the State

as well as learned counsel for the OP No.2 are present.

2. Learned counsel for the petitioner has submitted that the instant criminal revision has been directed against the judgment dated 21.05.2022 passed by the learned Additional Principal Judge, Additional Family Court-II, Dhanbad in Original Maintenance Case No.92 of 2021 whereby the learned court below has directed the petitioner to pay Rs.15,000/- per month to op no.2 as maintenance. The said judgment is ex-parte. The application under section 126(2) Cr.PC lies for setting aside the same. Therefore, he wants to withdraw this criminal revision with liberty to file the application under section 126(2) of Cr.PC before the learned court below.

3. Learned counsel for the op no.2 and learned APP for the State opposed the contentions made by the learned counsel for the petitioner.

4. However keeping in view the statutory provisions under section 126(2) Cr.PC for setting aside the ex-parte judgment. The prayer as made by learned counsel for the petitioner is allowed.

5. In view of the submissions made this criminal revision is dismissed as withdrawn with the liberty to file the application under section 126(2) of Cr.PC before the court concerned, at the stage of admission.

(Subhash Chand, J.) RKM