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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*
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