Himachal Pradesh High Court
Thakur Dass & Others vs . Chinta Devi on 25 July, 2023
Author: Sushil Kukreja
Bench: Sushil Kukreja
Thakur Dass & others vs. Chinta Devi Cr. Revision No. 236 of 2023 .
25.07.2023 Present: Mr. T.S. Chauhan, Advocate, for the petitioners.
Mr. Devender K. Sharma, Advocate, for the respondent.
Cr.MP No. 2523 of 2023 By way of the present application, it has been prayed that during the pendency of the petition the operation and execution of the impugned judgment may be stayed and petitioner No. 1, who has been arrested by the police, be released from custody. Reply to the application has been filed on behalf of the respondent.
I have heard the learned counsel for the parties and have also gone through the record of the case.
In the application it has been mentioned that since petitioner No. 1 has failed to pay the arrears of maintenance amounting to Rs.3,81,500/-, he was arrested by the police in pursuance to the arrest warrant, Annexure A-1, issued by the learned Trial Court. It has further been submitted in the application that the petitioner No. 1 has paid a sum of Rs.
80,000/- and is also ready and willing to pay the arrears in eight equal monthly installments of Rs. 50,000/- each, as he has no income and he is running Lok Mitter Kendra in his village and due to his arrest, the said Lok Mitter Kendra is lying closed.
Therefore, in view of the facts and circumstances of the present case and in the interest of justice, the application is allowed and the execution of the impugned judgment dated 29th November, 2021, passed by the learned Additional Chief ::: Downloaded on - 26/07/2023 20:42:01 :::CIS ...2...
Judicial Magistrate, Court No. 1, Mandi, and affirmed by .
learned Sessions Judge, Mandi, vide judgment dated 24.01.2023, shall remain stayed during the pendency of the instant revision petition, subject to the condition that the petitioner No. 1 shall deposit a sum of Rs. 50,000/- before the learned Trial Court on or before 28 th July, 2023, and shall pay the arrears in eight equal monthly installments of Rs. 50,000/-
each on 5th day of each month before the learned Trial Court, commencing from September, 2023. He shall also keep on paying the maintenance amount to the respondents as awarded by the learned Trial Court.
It is made clear that on deposit of Rs. 50,000/- before the learned Trial Court on or before 28 th July, 2023, the learned Trial Court is directed to order the release of the petitioner No. 1-Thakur Dass forthwith. Further in case of default, the protection granted to him shall stand withdrawn without any further reference to this Court and the respondent shall be at liberty to execute the judgment passed by the learned trial Court in accordance with law.
( Sushil Kukreja ) Judge 25th July, 2023 (virender) ::: Downloaded on - 26/07/2023 20:42:01 :::CIS