David Malto @ Devid Malto vs Sushila Malto
2025 Latest Caselaw 5033 Jhar

Jharkhand High Court

David Malto @ Devid Malto vs Sushila Malto on 22 April, 2025

Author: Sanjay Prasad

Bench: Sanjay Prasad

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            Cr. Revision No. 106 of 2025
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David Malto @ Devid Malto ......Petitioner Versus

1. Sushila Malto

2. Rajeev Malto

3. The State of Jharkhand ......Opp. Parties

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CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD

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For the Petitioner : Mr. N. S Mukherjee, Advocate For the State : Mr. Someshwar Roy, A.P.P

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Order No. 05/ Dated: 22.04.2025 It appears from the office note dated 17.04.2025 that un-delivered registered cover with A/D has been received with the endorsement " v/kqjk irk okil".

2. Under the circumstances, learned counsel for the petitioner is directed to take steps for fresh service of notice upon the O.P No. 1 on her present and correct address as disclosed in the maintenance case.

I.A No. 719 of 2025

3. I.A No. 719 of 2025 has been filed on behalf of the petitioner under Section 5 of the Limitation Act for condoning the delay of 503 days in filing this instant Criminal Revision Application.

4. Having heard learned counsel for both the sides and in view of the averments made in Paragraph nos. 3 to 5 of the I.A No. 719 of 2025, the delay of 503 days in filing this instant Criminal Revision Application is, hereby, condoned.

5. Thus, I.A No. 719 of 2025 is allowed and stand disposed of.

6. Put up this case on 1st July 2025, till then, the operation of the of the judgment dated 13.04.2023 passed by the learned Court below shall remain stayed subject to deposit a demand draft of Rs. 50,000/- in the name of O.P No.1 before the office of learned Registrar General.

7. In the meantime, the petitioner is directed to deposit Rs. 50,000/- by way of demand draft in the name of O.P No.1 before the office of learned Registrar General within four weeks from today.

8. The learned Registrar General is directed to keep the said Demand Draft of Rs. 50,000/- in safe custody till the further order of this Court.

(Sanjay Prasad, J.) Avinash/