Gujarat High Court High Court

Lalit vs State on 1 July, 2008

Gujarat High Court
Lalit vs State on 1 July, 2008
Author: H.N.Devani,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	


 


	 

SCR.A/1266/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CRIMINAL APPLICATION No. 1266 of 2008
 

 
 
==========================================


 

LALIT
PRANJIVAN SAGANI - Applicant(s)
 

Versus
 

STATE
OF GUJARAT & 3 - Respondent(s)
 

=========================================
 
Appearance : 
THROUGH
JAIL for Applicant(s) : 1, 
MR KP RAVAL, ADDL.
PUBLIC PROSECUTOR for Respondent(s) : 1, 
None for Respondent(s) :
2 - 4. 
=========================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MS.JUSTICE H.N.DEVANI
		
	

 

 
 


 

Date
: 01/07/2008 

 

 
 
ORAL
ORDER

The
following issue arises for consideration in the present case:

?SIn
the light of the decision of the Supreme Court in the case of Shahada
Khatoon and others v. Amjad Ali Khan and others
,
(1999)5 SCC 672, when a person who is ordered to pay maintenance
under sub-section (1) of Section 125 of the Code of Criminal
Procedure, 1973 fails without sufficient cause to comply with such
order, whether the learned Magistrate, in exercise of powers under
sub-section (3) of Section 125 is empowered to sentence such person
to imprisonment for a term exceeding one month.??

Similar
question arose in the case of Rama Muru Pariya v. State of
Gujarat and others, Special Criminal Application No.897 of
2008, where, this Court considering the fact that there are two
conflicting decisions of coordinate benches of this Court as regards
the issue in question, has by order dated 23rd June, 2006
referred the issue for determination by a larger bench of this
Court.

To
be heard with Special Criminal Application No.897 of 2008.

[HARSHA
DEVANI, J.]

parmar*

   

Top