Supreme Court - Daily Orders
Dilip Kumar Diwakar vs State Of Jharkhand on 7 May, 2015
Bench: T.S. Thakur, R.K. Agrawal, R. Banumathi
1
ITEM NO.21 COURT NO.2 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 3476/2015
(Arising out of impugned final judgment and order dated 05/02/2015
in ABA No. 4023/2014 passed by the High Court Of Jharkhand At
Ranchi)
DILIP KUMAR DIWAKAR Petitioner(s)
VERSUS
STATE OF JHARKHAND Respondent(s)
(with appln. (s) for exemption from filing O.T.)
Date : 07/05/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE T.S. THAKUR
HON'BLE MR. JUSTICE R.K. AGRAWAL
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Nagendera Rai,Sr.Adv.
Mr. R.C. Pathak,Adv.
Mr. Birendra Kumar Srivastava,Adv.
For Respondent(s) Ms. Sangeeta Singh,Adv.
Ms. Sarita Devi,Adv.
Mr. Prakash Ranjan Nayak,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Heard.
At the oral prayer made on behalf of the aggrieved wife, we direct her addition as party respondent NO.2 to this petition. Counsel appearing for her may file vakalatnama, if not already filed, on behalf of respondent no.2. Signature Not Verified Digitally signed by Mahabir Singh Date: 2015.05.07
Issue notice to the remaining respondents. 16:49:26 IST Reason: Subject to the petitioner depositing a sum of Rs.4,50,000/- (Rupees four lakh fifty thousand) in this Court 2 within a period of six weeks from today, the petitioner shall remain protected against arrest in connection with FIR No.301 of 2014 (corresponding to G.R. No.1269 of 2014) registered at Bokaro Steel City Police Station, Jharkhand. We further direct that the petitioner shall appear before the Magistrate seized of the maintenance proceedings under Section 125 of the Code of Criminal Procedure. Upon deposit of the amount the same shall be released in favour of respondent No.2-wife. We make it clear that the deposit of the amount towards maintenance awarded by us is on a provisional basis which shall not prevent the Magistrate, seized of the maintenance proceedings filed by respondent no.2-wife under Section 125 of the Cr.P.C., from determining and awarding a suitable amount towards maintenance for the respondent-wife and her minor child.
Post this petition along with Transfer Petition (C) No.1789 of 2014.
(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER