Patna High Court
Zubair Alam @ Md. Zobair Alam vs State Of Bihar And Anr on 29 January, 2024
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL REVISION No.1158 of 2017
Arising Out of PS. Case No.- Year-1111 Thana- District-
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ZUBAIR ALAM @ MD. ZOBAIR ALAM Son of Md. Moin, resident of
Mohalla- Azaji Marg, Tilak Maidan, P.S.- Nagar Muzaffarpur, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Shahin Bano, Wife of Zubair Alam, Resident of Mohalla Azaji Marg, Tilak
Maidan, Muzaffarpur at present Mohalla Purani Gudari, P.O. and P.S.-
Bettiah, District- West Champaran.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Adv.
For the Respondent/s : Mr. Ramchandra Sahani, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL JUDGMENT
Date : 29-01-2024
Heard learned Advocate for the petitioner as well as
learned APP for the State.
2. The instant revision is directed against an order dated
18th October, 2017, passed by the learned Principal Judge, Family
Court, West Champaran, Bettiah in Cr. Misc. No. 08 of 2016.
3. Before dealing with the impugned order, let me state
the brief facts of the case. Admittedly, the opposite party no. 2
filed a Maintenance Case against the petitioner, which was
registered as Maintenance Case No. 185(M) of 2008. The said
Maintenance Case was allowed ex parte directing the opposite
Patna High Court CR. REV. No.1158 of 2017 dt.29-01-2024
party/husband to pay maintenance allowance @ Rs.4,000/- per
month. As the petitioner failed to pay maintenance allowance.
Distress warrant was issued against the petitioner. Subsequently,
the petitioner filed Criminal Revision No. 726 of 2012 before this
Court challenging the ex parte order, passed on 14 th July, 2011. In
Cr. Revision No. 726 of 2012 (Zubair Alam Vrs. The State of
Bihar & Anr.) a Coordinate Bench of this Court while disposing
of the revision vide order dated 25th February, 2014, permitted the
petitioner to file an application under Section 126 (2) of the Cr.P.C.
setting aside the ex-pate order. In the last paragraph of the order, it
is stated by the Coordinate Bench of this Court which is as
follows:-
"Needless to add that any such
application being filed by the petitioner within
four weeks from today, if accompanied with a
petition for condonation of delay, would be
considered by the Court below and disposed of
in accordance with law after hearing the
contesting parties, taking into consideration
the pendency of the matter before this Court."
4. The petitioner did not file an application under
Section 126 (2) of the Cr.P.C. within the period as directed by this
Court, in Criminal Revision on 25th February, 2014. By passing the
Patna High Court CR. REV. No.1158 of 2017 dt.29-01-2024
impugned order, the learned trial Judge rejected the application
under Section 126(2) of the Cr.P.C. on the ground that the petition
under Section 126 (2) of the Cr.P.C. was not filed within the
stipulated time as mentioned by this Court.
5. I have already recorded the order of this Court dated
25th February, 2014. This Court directed the petitioner to file a
petition within four weeks from the date and also directed the trial
court to dispose of the case in accordance with law. On perusal of
the impugned order, I find, though the petitioner filed the petition
within four weeks from the date, but the trial court dismissed the
same on the ground of great delay.
6. The learned Advocate for the opposite party no. 2
admits that the application under Section 126(2) of the Cr.P.C. and
the application under Section 5 of the Limitation Act was filed
within the time as directed by this Court.
7. In view of such position, the impugned order cannot
be sustained. Therefore, the impugned order dated 18th October,
2017 is set aside.
8. The trial court is directed to re-hear the petition filed
by the petitioner on 14th March, 2014 and dispose of the same
within two months from the date of communication of this order.
Patna High Court CR. REV. No.1158 of 2017 dt.29-01-2024
9. In the meantime, as the petitioner has not paid any
amount towards maintenance of the wife, he is directed to deposit
Rs. 50,000/- (Fifty thousands) lump sum on the first date of
appearance of the parties, in the name of the opposite party no.2.
He is also directed, without prejudice to his rights and contention
to go on paying a sum of Rs. 3,000/- per month to the petitioner till
the disposal of Misc. Case No. 08 of 2016.
10. The instant revision is thus allowed on contest.
(Bibek Chaudhuri, J)
pravinkumar/-
AFR/NAFR
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