Patna High Court - Orders
Satish Chandra vs State Of Bihar & Anr on 24 July, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44602 of 2012
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Satish Chandra S/O Umesh Chandra R/O Mohalla - Gajadharganj, Station
Road Buxar ( T ), District - Buxar
.... .... Petitioner/s
Versus
1. The State Of Bihar
2. Namita Chandra @ Namita Kumari W/O Satish Chandra And D/O Shri
Shiv Bhagwan Gupta R/O Muhalla - Kazipur. P.S. Kadakuan, District -
Patna
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 24-07-2014Heard counsels for the parties.
The petitioner is aggrieved by the order dated 17.09.2012 passed by the learned Judicial Magistrate 1st Class, Patna in Domestic Violence Case No. 01 of 2008 whereby the petitioner has been directed to pay a sum of Rs. 1000/- per month to the O.P. No. 2 as interim relief from the date of passing of the order. Amongst other grounds of challenge, the petitioner has stated that the order dated 17.09.2012 has been passed without taking into consideration or calling for any Domestic incident report from the Protection Officer or the service provider. The order, therefore, is sought to be challenged on the ground of non-observance of the formality which is provided under Section 12 of the Domestic Patna High Court Cr.Misc. No.44602 of 2012 (4) dt.24-07-2014 2/3 Violence Act, 2005 (hereinafter referred to as the 'Act'). Counsel for O.P. No. 2 states that Section 29 of the Act provides for statutory appeal against any such order passed by the Judicial Magistrate. Noticing this fact that appeal has to be preferred after passing of the order by the learned Judicial Magistrate, this court is inclined to give liberty to the petitioner to file appeal against the order impugned within a period of 15 days from the date of receipt/production of a copy of this order. The Appellate Court will consider his application, keeping in view that a wrong forum was chosen by the petitioner in challenging such order, leading to delay in preferring the appeal. Since the petitioner claims to be unemployed person and is not in a position to pay such high amount by way of interim measure to the O.P. No. 2, the Appellate Court shall dispose of the application filed by the petitioner as early as possible preferably within a period of two months.
Till the time the appeal is filed by the petitioner before the Competent Court, no coercive steps shall be taken against him for recovery of the amount fixed as interim relief to O.P. No. 2. Once the appeal is preferred, it would be open to the petitioner to pray for stay of the order of the learned Judicial Magistrate passed in Domestic Violence Case No. 01 of 2008. When such a prayer Patna High Court Cr.Misc. No.44602 of 2012 (4) dt.24-07-2014 3/3 would be made, after filing of the appeal, the same shall be considered on its own merits and in accordance with law.
With the aforementioned observation, the application is disposed of.
(Ashutosh Kumar, J) Prakash/-
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