Jharkhand High Court
Jivesh Kumar @ Jivesh Pathak vs The State Of Jharkhand on 3 October, 2024
Author: Ratnaker Bhengra
Bench: Ratnaker Bhengra
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.Rev. No. 1046 of 2024
with
I.A. No. 10464 of 2024
Jivesh Kumar @ Jivesh Pathak, aged about 34 years, son of Late Satyadev
Pathak, resident of House No. 9, S.P. Naidu Layout, Vijinapura, P.O.- Door-
vaninagar, P.S.- Ramamurty Nagar, Durani, District- Banglore, Karnatka, per-
manent address Vill + P.O.- Ramjhahar, P.S.- Badhara, District- Bhojpur,
Bihar .. .. ..Petitioner
--VERSUS--
1.The State Of Jharkhand
2.Sony Kumari aged about 35 years, wife of Jivesh Kumar @ Jivesh Pathak,
resident of Nutundih, Krishna Nagar, P.O.- B.C.C.L Township, P.S.- Saraid-
hela, District- Dhanbad, Jharkhand, permanent address Vill + P.O.- Ramjha-
har, P.S. Badhara, District- Bhojpur, Bihar ... ..Opp. Parties
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CORAM: HONBLE MR. JUSTICE RATNAKER BHENGRA
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For the Petitioner : Mr. Arun Kumar Dubey, Adv
For the State : Mr. Rakesh Kumar Sinha, APP
02/DATED: 03-10-2024
Heard the learned counsel for the parties.
It is stated in the I.A. No. 10464 of 2024 that the petitioner was the
opposite party in original maintenance No. 162 of 2021 and the aforesaid petition
was finally heard and decided on 19.01.2023. Since, no notice or summons in pur-
suance of original maintenance No. 162 of 2021 was served upon the petitioner,
therefore the proceeding in relation to original maintenance No. 162 of 2021 was
not within the knowledge of the petitioner. It is further stated that due to that the pe-
titioner could not take part in the aforesaid proceeding and ex-parte order/judgment
dated 19.01.2023, is passed by the Additional Principal Judge, Additional Family
Court-1, Dhanbad in original maintenance No. 162 of 2021. As soon as, it came to
the knowledge of the petitioner, petitioner applied for certified copy of order/judg-
ment dated 19.01.2023 through advocate and after receiving the same on
06.08.2024, petitioner met with his counsel for further action.
The learned counsel for the petitioner has further submitted that in
view of the fact that the decision was taken ex-parte, therefore, considerable delay
has also been caused on that account. The learned counsel for the petitioner has
prayed in the main criminal revision in para -1 (iii) for granting stay of the opera-
tion of the impugned order/judgment dated 19.01.2023, passed by the Additional
Principal Judge, Additional Family Court-1, Dhanbad, in original maintenance No.
162 of 2021 under section 125 Cr.P.C.
In view of the above, the the operation of the impugned order/judg-
ment dated 19.01.2023 passed by the Additional Principal Judge, Additional Family
Court-1, Dhanbad in original maintenance No. 162 of 2021 under section 125
Cr.P.C. is stayed, till the next date of hearing.
In the meanwhile, issue notice to the O.P. No. 2 in the criminal revi-
sion as well as in the interlocutory application, through registered post with A/D as
well as by ordinary process for which requisites etc. must be filed within three
weeks.
List this case again on 20.11.2024.
( Ratnaker Bhengra, J)
sharda/-
