Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 11707 of 2010 Petitioner :- Bablu Rajbhar Respondent :- State Of U.P. & Another Petitioner Counsel :- R.P. Misra,S.K. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and the learned AGA for the State.
This petition has bee filed by the petitioner to quash the impugned order dated
5.6.2010 passed by the learned Additional Sessions Judge (Court No.2 ),
Ghazipur in Revision No.35 of 2009 (Bablu Vs. State ) and the order dated
9.2.2009 passed by the learned Judicial Magistrate (Court No.6), Ghazipur in
Criminal Misc. Case No.66 of 2007 (Smt. Saroj Vs. Bablu ).
It is contended by the learned counsel for the petitioner that the impugned
order passed by the revisional court is not justified. The opposite party no.2 is
a lady of bad character. She is not faithful to the petitioner.
Learned AGA has rebutted the above arguments and has argued that the
marriage of the petitioner with opposite party no.2 is still in existence and till
it is dissolved, it is a valid marriage. The opposite party no.2 has also got a
child and both are in need of maintenance. There is no illegality in the
impugned order passed by the court below.
Considered the submissions made by the learned counsel for the parties and
perused the record.
This petition is disposed of finally with the direction that the petitioner will
continue to pay Rs.700/- per month to the opposite party for the maintenance
of herself and her child during pendency of the petition under section 125
Cr.P.C. and the learned Magistrate will make sincere efforts to dispose of this
petition without unreasonable delay.
Order Date :- 5.7.2010
Ak/