Jharkhand High Court
Raj Kumar Gupta vs The State Of Jharkhand on 20 August, 2018
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B. A. No. 2509 of 2018
Raj Kumar Gupta ...... Petitioner
Versus
1.The State of Jharkhand
2. Punam Devi ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner :Mr. Vijoy Kumar Sinha, Advocate For the State :A.P.P For the O.P. No. 2: Mrs. Kumari Rashmi, Advocate ........
11/Dated: 20/08/2018 It appears that under order dated 26.06.2018, the anticipatory bail application of the petitioner was rejected and the court below was directed to issue distress warrant against the petitioner and to submit report to this Court.
Report dated 14.08.2018 submitted by Sri Nalin Kumar, Principal Judge, Family Court, Dumka has been received which reveals that in compliance of order dated 26.06.2018 of the Hon'ble Court a distress warrant was issued against Raj Kumar Gupta (petitioner) Opposite party in original Maintenance Case No. 02 of 2017 on 09.07.2018, addressed to the Officer-in-Charge, Khelgaon through Superintendent of Police, Bhagalpur. The Execution whereof is still awaited. Meanwhile on 24.07.2018, a petition was filed on behalf of Raj Kumar Gupta praying therein that the distress warrant issued against him be recalled as s he has already deposited a sum of Rs. 44,500/- to the petitioner in the saving A/C bearing no. 1692010056179 id Poonam Devi, the petitioner, on 19.07.2018. Giving the elaborated calculation it is mentioned therein that fro 17.01.2017 to March, 2018 total arrear comes to Rs. 88,000/- out of which the O.P has already paid Rs. 3 2,000/- to the petitioner up to February, 2018 leaving the balance amount to Rs. 55,000/- as dues. It is further mentioned that in view of the fact that the arrear of maintenance amount is ordered to be paid in 12 equal installments, every month a sum of Rs, 4500.83 is to be paid and thus the arrear from the month of April to July, comes to Rs, 18003.32 but he has already paid Rs, 20,500/- under this head. Apart from the current maintenance up to July, 2018, which comes to Rs, 24,000/-. Thus a surplus Rs, 2494.68 has been paid, which shall be deducted from total maintenance amount dues till 10th August of Rs. 10,500.83 (6000/+4500.83). On 13.08.2018 a petition has been filed on behalf of Raj Kumar Gupta (O.P) through his lawyer annexing photocopy of receipt showing deposit of Rs. 8305/- in the name of Poonam Devi in UB.I. Lagmahat Branch in Saving A/C bearing no. 1692010056179 on 06.08.2018 and despite prayer of the O.P. for recalling the distress warrant, the order has not yet been passed, awaiting further direction of Hon'ble court.
Counsel for the O.P. No. 2 is not in a position to ascertain the aforesaid facts. Under these circumstances, the Principal Judge, Family Court, Dumka is directed to proceed in the matter and pass appropriate order for recalling of distress warrant.
Let a copy of this order be sent to the court concerned and to the court of Principal Judge, Family Court, Dumka through FAX.
Satyarthi/- (Anant Bijay Singh, J.)