Patna High Court
Mathura Nand Prasad @ Mathuranand ... vs The State Of Bihar on 16 May, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 34696 of 2021
Arising Out of PS. Case No.- Year-0 Thana- District- Nalanda
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MATHURA NAND PRASAD @ MATHURANAND PRASAD SINGH S/o
Sri Bijendra Singh R/o village- Seudah, P.S.- Harnaut (Chero O.P.), District-
Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Chandrawati Devi @ Prachi Sinha @ Premlata Sinha @ Chandeshwari Devi
D/o Shivaji Singh @ Shivnarayan Singh R/o village- Telmar, P.S.- Telmar,
District- Nalanda
3. Mallu Singh @ Manish Kumar S/o Late Nageshwar Singh R/o village-
Telmar, P.S.- Telmar, District- Nalanda
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr D K Sinha, Sr Advocate with
Mr Abhinay Raj, Advocate
For the S t a t e : Ms Pushpa Sinha, APP
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CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
Date : 16-05-2022
Heard learned senior counsel for the petitioner and the
learned Additional Public Prosecutor (for brevity, APP) appearing
for the State of Bihar.
2 The petitioner has assailed the order dated 01.02.2021
passed by Principal Judge, Family Court, Nalanda in
Miscellaneous Case No 11 of 2011 arising out of Maintenance
Case No 42 (M) of 2009.
Patna High Court CR. MISC. No.34696 of 2021 dt.16-05-2022
3 Mr D K Sinha, learned senior counsel for the
petitioner submits that pursuant to the order of Maintenance dated
05.05.2011, affirmed by this Court in Criminal Revision No 710 of
2011 as well as in terms of the undertaking recorded in order dated
05.08.2016 passed by this Court in Cr Misc No 39907 of 2015, the
petitioner has made the deposits.
4 He submits that otherwise also the complainant has no
case as she is living in adultery and is also earning.
5 The brief background in which this application has
been filed is that the petitioner has been directed to deposit Rs
3,000/- per month maintenance by the Principal Judge, Family
Court, Nalanda in Miscellaneous Case No 11 of 2011 arising out
of Maintenance Case No 42 (M) of 2009. The same was affirmed
by this Court subsequently in Criminal Revision No 710 of 2011
wherein the petitioner had assailed the order dated 05.05.2011
passed in Miscellaneous Case No 11 of 2011. The records further
reveal that the petitioner subsequently had approached this Court
by way of Criminal Miscellaneous No 39907 of 2015 wherein the
petitioner had expressed his willingness to make payment of
arrears of maintenance allowance, as awarded in Maintenance
Case No 11 of 2011. In view of such submission, the matter was
adjourned and stay was granted in respect of Miscellaneous Case
Patna High Court CR. MISC. No.34696 of 2021 dt.16-05-2022
No 11 of 2011 arising out of Maintenance Case No 42 (M) of
2009.
6 The learned senior counsel for the petitioner submits
that in spite of the stay remaining operative and in spite of the fact
that the petitioner has honoured his undertaking given in Criminal
Miscellaneous No 39907 of 2015 by making deposit of an amount
of Rs 2,04,000/-, Principal Judge, Family Court has passed an
order dated 01.02.2021 directing the petitioner to make deposit of
the arrears which have accrued in the meantime. It is submitted
that the order of the Principal Judge is in violation of the stay
granted in Criminal Miscellaneous No 39907 of 2015.
7 Learned APP has drawn attention of the Court towards
the order dated 01.02.2021. She has submitted that the order
passed by the Principal Judge is in terms of the order passed by the
Hon'ble Apex Court in Criminal Appeals No 1375 - 1376 of 2013
in the case of Asian Resurfacing of Road Agency P Ltd & Anr
-Versus- Central Bureau of Investigation and, therefore, there is no
infirmity in the order.
8 The Court is of the view that since the petitioner
alleges the impugned order to be contrary to the interim order
passed in Criminal Miscellaneous No 39907 of 2015, it would be
appropriate for the petitioner to bring the developments leading to
Patna High Court CR. MISC. No.34696 of 2021 dt.16-05-2022
passing of the order dated 01.02.2021 by the Principal Judge,
Family Court, Nalanda on the records and to the notice of this
Court in the already pending Criminal Miscellaneous No 39907 of
2015.
9 For the same, these parallel proceedings are
undesirable, to say the least. Such multiplicity of litigation, when
it is alleged that the impugned order is in violation of the interim
order passed by this Court in earlier case (Criminal Miscellaneous
No 39907 of 2015) which is still pending, is not warranted.
10 The petitioner, needless to say, is at liberty to raise all
the issues before this Court in the pending Criminal Miscellaneous
No 39907 of 2015.
11 This application stands disposed of.
(Madhuresh Prasad, J)
M.E.H./-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.05.2022
Transmission Date 18.05.2022
