Patna High Court - Orders
Rajeshwar Pasad vs State Of Bihar & Ors on 13 December, 2010
IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.1314 of 2010
RAJESHWAR PASAD
--- Petitioner
Versus
1. STATE OF BIHAR
2. LALPARI DEVI W/O RAJESHWAR PRASAD
3. AMOND KUMAR SON OF RAJESHWAR PRASAD
4. SARITA KUMARI D/O RAJESHWAR PRASAD
----Opp.Parties.
For the Petitioner : Mr. Binod Kumar Ambastha, Advocate.
For the State : Mr. Nityanand Tiwary, APP
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03 13.12.2010Petitioner has preferred this application aggrieved by order dated 18/19-04-2010 passed by learned Additional Principal Judge, Family Court, Patna in Maintenance case no. 7(M) of 2006 (Lalpari Devi vs. Rajeshwar Prasad). By the aforesaid order a distress warrant was issued as the petitioner failed to deposit a sum of Rs. 500/- (Five hundred), as per order dated 08.03.2010, for recall of the application Lalpari Devi as a witness. Referring to annexure-2, it is submitted that the amount has now been deposited by the petitioner on 21.05.2010. If the distress warrant is only for that purpose, and the petitioner has deposited the amount subsequent thereto the Court below would not be justified in insisting on execution of distress warrant.
The application is disposed of.
Sym ( Kishore K. Mandal, J.)