Pankaj Kumar Arya vs Vibha
2024 Latest Caselaw 19346 P&H

Punjab-Haryana High Court

Pankaj Kumar Arya vs Vibha on 4 November, 2024

Author: Vikas Bahl

Bench: Vikas Bahl

                                Neutral Citation No:=2024:PHHC:142907




114         IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH

                                                 CR No.2532 of 2024 (O&M)
                                                 Date of Decision: 04.11.2024
Pankaj Kumar Arya
                                                                    .....Petitioner
                                        Versus
Vibha
                                                                ........Respondent

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:    Mr. Rajesh Lamba, Advocate and
            Mr. Vinod Kumar, Advocate for the petitioner.


VIKAS BAHL, J. (ORAL)

1. The present revision petition has been filed under Article 227

of the Constitution of India praying for setting aside the judgment dated

05.08.2023 (Annexure P-3) passed by the Additional Sessions Judge,

Faridabad, vide which, an appeal preferred by petitioner against order dated

22.10.2021 (Annexure P-1) passed by JMIC, Faridbad had been dismissed,

vide which, Rs.14,000/- per month as interim maintenance and Rs.25,000/-

per month as rent, from the date of filing had been awarded.

2. Learned counsel for the petitioner has submitted that earlier

counsel for the petitioner had filed criminal revision petition i.e. CRR-2307-

2023 and the same was withdrawn vide order dated 13.03.2024 in view of

the judgment passed by the Coordinate Bench of this Court in CRM-M-

19553-2023 titled as "Jaspal Kaur alias Pinki and others vs. State of

Punjab and others" decided on 24.04.2023. It is submitted that as per the

judgment dated 25.10.2024 of the Division Bench of this Court passed in

CR No.3407 of 2024 titled as "Hemant Bhagat and others vs. Prekshi

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Neutral Citation No:=2024:PHHC:142907

CR No.2532 of 2024 (O&M) --2--

Sood Bhagat and other connected matters" the petition under Section 482

Cr.P.C. has been held to be maintainable. It is submitted that in view of the

bar under the Cr.P.C., the order dated 13.03.2024 passed in CRR-2307-2023

cannot be recalled and thus, the petitioner be permitted to withdraw the

present petition with liberty to file a fresh petition under Section 482

Cr.P.C.

3. In view of the statement made by learned counsel for the

petitioner, the present petition is dismissed as withdrawn with the aforesaid

liberty.

(VIKAS BAHL) JUDGE 04.11.2024 pawan/sandeep

Whether Speaking/Reasoned : Yes/No

Whether Reportable : Yes/No

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