Durga Charan Samad Son Of Narayan Samad vs The State Of Jharkhand
2024 Latest Caselaw 9779 Jhar

Jharkhand High Court

Durga Charan Samad Son Of Narayan Samad vs The State Of Jharkhand on 1 October, 2024

Author: Ratnaker Bhengra

Bench: Ratnaker Bhengra

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
                Cr. Rev No. 97 of 2024

Durga Charan Samad son of Narayan Samad, R/o vill. Turamdih, PO Hesalkuti,
PS Toklo, Dist-Singhbhum West, Jharkhand                    ... Petitioner
                        -Versus-

1.The State of Jharkhand
2. Shanti Laguri w/o Durga Charan Samad, d/o Yogesh Nandan Laguri, r/o Vill-
Ruiya Sangisai, PO Ruiya, PS Jhinkpani, Dist- Singhbhum West, Jharkhand
                                                       .. Opposite Parties


      CORAM :- HON'BLE MR. JUSTICE RATNAKER BHENGRA

            For the Petitioner :- Mr. Navneet Toppo, Advocate
            For the OP No.2 :-Mr. S.K. Vishwakarma, Advocate
            For the State       :- Mr. Achinto Sen, APP

                                    ...

03/01.10.2024:

When the matter is called out, the learned counsels for the parties are present.

IA No. 10784 of 2024 That the present interlocutory application is being filed for stay of the order dated 24.05.2024 as well as 09.08.2024 by which learned Principal Judge Family Court, West Singhbhum at Chaibasa has issued distress warrant and NBW against the petitioner respectively without any execution case and after the disposal of Original Maintenance Case No. 53 of 2023, the learned Principal Judge, Family Court, West Singhbhum at Chaibasa is again proceeding in Original Maintenance Case No. 53 of 2023 under section 125 of Cr. PC.

The learned counsel for OP No.2 has objected to the prayer for staying the distress warrant as he submits that no payment whatsoever, either from the date of application or from the date of judgment has been made to OP No.2, though the petitioner has been employed in army and earning a reasonable amount of salary.

In view of the above submissions, call for the lower Court records from the concerned learned Court below.

Meanwhile the proceedings in order dated 24.05.2024 as well as 09.08.2024 by which learned Principal Judge Family Court, West Singhbhum at Chaibasa has issued distress warrant and NBW against the petitioner respectively, is stayed till the next date of hearing, subject to the condition that the petitioner will deposit Rs. 25,000/-(Rupees Twenty Five Thousand Only) in the learned Concerned Court below, in the name of OP No.2, Shanti Laguri which will be conveyed to OP No.2 on her proper identification and verification.

The payment to OP No.2 is being made without prejudice to the claims of the petitioner and will be subject to final result of this case.

Put up this case on 11.11.2024.

Abha/                                     (Ratnaker Bhengra, J.)