Rajasthan High Court - Jodhpur
Ravi Kumar vs State Of Rajasthan (2024:Rj-Jd:8044) on 15 February, 2024
Author: Madan Gopal Vyas
Bench: Madan Gopal Vyas
[2024:RJ-JD:8044]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 508/2024
Ravi Kumar S/o Shri Babu Lal, Aged About 33 Years, R/o Ward
No. 14, Nearby Ambedkar Park, Raisinghnagar, Tehsil
Raisinghnagar, District Sri Ganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mamta W/o Ravi Kumar, D/o Ramchandra, Presently
Resident Of 05-G Civil Line, Sri Karanpur, Tehsil Sri
Karanpur, District Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Navneet Poonia
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
15/02/2024
The present criminal miscellaneous petition under Section
482 of CrPC has been preferred by the petitioner against the
judgment dated 06.11.2023 passed by the learned Special Judge,
Women Atrocities & Dowry Cases, Sri Ganganagar (hereinafter
referred to as 'the learned Revisional Court') in Criminal Petition
No. 5/2022, whereby, the revision petition preferred by the
petitioner was dismissed and the learned Revisional Court affirmed
the order dated 15.01.2022 passed by the learned Additional Chief
Judicial Magistrate No. 2, Sri Ganganagar (hereinafter referred to
as 'the learned trial Court') in Criminal Miscellaneous Case No.
23/2020 (85/2018), whereby the learned trial Court allowed the
application under Section 125 of CrPC preferred by the respondent
[2024:RJ-JD:8044] (2 of 3) [CRLMP-508/2024]
No. 2 and ordered the petitioner to pay the monthly maintenance
amount of Rs. 8,000/- to the respondent No. 2 herein from the
date of the order.
2. At the outset, learned counsel appearing for the petitioner
while relying upon the letters dated 21.06.2023 and 28.03.2023
sent by the Additional Chief Judicial Magistrate No. 2, Sri
Ganganagar to the Drawing & Disbursing Officer, Accounting
Officer, Jodhpur Discom, Sri Ganganagar and Assistant Engineer
(O&M) Jodhpur Discom, Kesarisinghpur submits that the learned
trial Court had directed the employer of the petitioner to prepare a
Demand Draft of Rs. 1,50,000/- out of the salary paid to the
petitioner in the name of respondent No. 2 after making necessary
deductions, so that the respondent No. 2 may be paid the due
maintenance amount. Learned counsel for the petitioner submits
that in case a Demand Draft of Rs. 1,50,000/- is allowed to be
prepared, there would be an extreme hardship to the petitioner.
Thus it is prayed that a direction may be issued that the aforesaid
amount may be paid by the petitioner in two equal installments.
3. Heard counsel for the petitioner and perused the material
available on record.
4. Having regard to the facts and circumstances of the case and
in view of the limited prayer made by the learned counsel for the
petitioner, the present criminal miscellaneous petition is disposed
of with direction to the employer of the petitioner to prepare a
Demand Draft of Rs. 1,50,000/- in two equal installments, to be
paid to respondent No. 2. It is further directed that the first
installment of Rs. 75,000/- is to be paid to the respondent No. 2
[2024:RJ-JD:8044] (3 of 3) [CRLMP-508/2024]
on 01.03.2024 and second installment of Rs. 75,000/- is to be
paid to respondent No. 2 on 01.04.2024.
5. The stay petition also stands disposed of accordingly.
(MADAN GOPAL VYAS),J
294-manila/-
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