Simran vs State Of Rajasthan
2022 Latest Caselaw 6032 Raj

                                           (1 of 2)                  [CRLR-206/2021]


     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
           S.B. Criminal Revision Petition No. 206/2021

Simran D/o Hari Om Ji, Aged About 30 Years, R/o House No.
103, Sawaliya Bhawan, Near Nakoda Public School, Sobhagya
Nagar, Dhaoji Ki Bawri, Pratapnagar, Dist. Udaipur, Rajasthan.
                                                                     ----Petitioner
                                     Versus
1.      State Of Rajasthan, Through Pp
2.      Mahaveer Prasad S/o Pusaram Dhandada, R/o House No.
        16-A, Hari Om Sadhan, Mahadev Nagar, Police Line Ajmer,
        Rajasthan.
                                                                 ----Respondents


For Petitioner(s)          :     Mr. Ram Singh Rawal
For Respondent(s)          :     Mr. Mukesh Trivedi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

25/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Despite service, no one has put in appearance on behalf of

the respondent no.2.

     Learned     counsel       for   the    petitioner       seeks   only   limited

intervention that maintenance being allowed by the learned trial

court be given from the date of filing of application.

     Learned counsel for the petitioner submits that after the

judgment rendered by the Hon'ble Apex Court in Rajnesh Vs.

Neha & Anr.; Criminal Appeal No.730 of 2020 (Arising out



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                                                                            (2 of 2)                [CRLR-206/2021]



                                   of SLP (Crl.) No.503 of 2018) decided on 04.11.2020, as well

                                   as on bare reading of the provisions of Cr.P.C., the learned trial

                                   court should have directed that the maintenance be granted to the

                                   appellant from the date of filing of application for the same.

                                         In view of the above, the present petition is allowed while

                                   directing that the maintenance shall be given from the date of

                                   filing the application to the appellant in accordance with the

                                   precedent law cited above.

                                         All pending applications also stand disposed of accordingly.



                                                                (DR.PUSHPENDRA SINGH BHATI), J.

133-Sudheer/-

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