Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 11556 of 2010 Petitioner :- Damodar Swaroop Respondent :- State Of U.P. & Another Petitioner Counsel :- I.M. Khan Respondent Counsel :- Govt. Advocate Hon'ble Shyam Shankar Tiwari,J.
Heard learned counsel for the petitioner and learned AGA for the State.
This petition has been filed by the petitioner Damodar Swaroop to stay the
operation of the order dated 26.3.2010 passed by learned Addl.Sessions
Judge/ Special Judge(E.C.Act)Pilibhit in Crl.Revision No. 161 of 2009
(Damodar Swaroop Versus Smt.Bhagwa Devi) arising out of the order dated
21.8.2009 passed by Judicial Magistrate, Pilibhit in case no. 1023 of 2007 u/s
125 Cr.P.C.
It is contended by learned counsel for the petitioner that the findings of the
court below is against the evidence on record and the amount of maintenance
has wrongly been awarded.
Admit.
Issue notice to the opp.party no.2 to file objection within two weeks.
Summon the lower court record.
List thereafter before appropriate bench.
The operation of the impugned order will remain stayed provided the
petitioner deposits 50% of the arrears amount of the maintenance due so far
within a period of one month and the remaining 50% amount of the arrears in
three equal instalments and continues to pay the amount of maintenance
i.e.Rs.2000/- per month to the opp.party no.2 regularly by 10th day of every
month before the court below.
Step if any, may be taken within five days.
Dated:2.7.2010
Hsc/