Patna High Court
Tuna SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the criminal miscellaneous application, granting the petitioner liberty to file the appropriate application before the concerned court.
Summary
The petitioner, Tuna Singh, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an interim maintenance order dated 27-02-2018 issued by the Principal Judge of the Family Court, Saran, which required her to pay Rs.2,000 per month for her daughter. The petitioner argued that the matter could be disposed of by allowing her to file the appropriate application before the concerned court. The State, represented by an A.P.P., raised no objection to the petitioner's request. Justice Sunil Dutta Mishra considered whether the High Court could exercise its inherent powers under Section 482 to set aside the Family Court's order. The Court found no impediment to granting the petitioner's prayer and disposed of the application, granting her liberty to approach the appropriate court with a suitable application. Consequently, the interim maintenance order remains unaffected pending further proceedings by the petitioner.
Issues considered
- Whether the High Court can exercise its inherent powers under Section 482 Cr.P.C. to quash an interim maintenance order passed by a Family Court
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- maintenance
- family court
- Section 482
- quash order
- criminal miscellaneous application
- interim maintenance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37097 of 2018
======================================================
Tuna Singh S/o Late Dalan Singh, R/o Vill.-Majhanpura, P.S.- Manjhi,
District- Saran Chapra.
... ... Petitioner/s
Versus
1. State of Bihar.
2. Sangeeta Devi W/o Tuna Singh, D/o Tarkeshwar Singh, R/o Vill.- Sadhpur,
P.S.- Garkha, District- Saran Chapra.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate.
For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
27.02.2018 passed by learned Principal Judge, Family Court,
Saran at Chapra in connection with Maintenance Case No.166
of 2016 by which petitioner was directed to pay Rs.2,000/- per
month as ad-interim maintenance in favour of her daughter with
effect from the date of the order.
3. After some argument, learned counsel for the
petitioner submits that this case may be disposed of with liberty
to the petitioner to file the appropriate application before the
Court concerned.
Patna High Court CR. MISC. No.37097 of 2018(2) dt.10-02-2026
2/2
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Accordingly, the present Cr. Misc. Application
stands disposed of with liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
Ritik/-
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