Umesh Paswan vs Rina Devi
2021 Latest Caselaw 916 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.3668 of 2020
                                   Arising out of
                       CRIMINAL REVISION No.172 of 2018
     ======================================================

Umesh Paswan, aged about 56 years, male, Son of Late Yugal Paswan Resident of Village- Madanpur, Post- Madanpur Kahra, P.S.- Bharrahi, Distt- Madhepura

... ... Petitioner/s Versus

1. Rina Devi, daughter of late Laxmi Prasad Paswan, W/o Umesh Paswan

2. Tulsi Kumari D/o Umesh Paswan Both Resident of Muhalla- Chhitabari, P.S.- Muffassil, Distt- Katihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratnakar Ambastha, Advocate For the State : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

Heard Mr. Ratnakar Ambastha, learned counsel for

the petitioner and Mr. Md. Iftekhar Mahmood, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

2. The present application has been filed seeking

recall of order dated 02.09.2019 by which Criminal Revision

No. 172 of 2018 was dismissed due to non-prosecution.

3. At the outset, when the Court asked learned

counsel for the petitioner as to whether he has paid the interim

maintenance granted by the Court below in favour of opposite

parties no. 1 and 2, learned counsel submitted that the same has Patna High Court CR. MISC. No.3668 of 2020 dt.17-02-2021

not been done.

4. Having regard to the fact that the said interim

maintenance was in favour of opposite parties no. 1 and 2, who

are the wife and daughter of the petitioner, and such payment

not having been made, the Court is not inclined to consider the

prayer for recall of the order dated 02.09.2019.

5. Accordingly, the application stands dismissed.

6. The Principal Judge, Family Court, Katihar shall

ensure that its order dated 17.10.2017 passed in Maintenance

Case No. 146 of 2016 is complied with forthwith.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T