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1967 Supreme(Ori) 45

G.K.MISRA
JAGANNATH PATRA – Appellant
Versus
PURNAMASHI SARAF – Respondent


Advocates Appeared:
G.RATH, Y.MISHRA

G. K. MISRA, J.

( 1 ) PURNAMASI Saraf and Abhimanyu Saraf, aged 11 and 9 years respectively, got an order of maintenance on 15-10-63 Under Section 488 Cr. P. C. against jagannath Patra. A revision against that order was dismissed by this Court in 1964. The minors filed an application Under Section 488 (3), Cr. P. C. for recovery of the arrears for the period from 5-10-63 to 5-4-65. The learned Magistrate issued a warrant for attachment of movable and immovable properties and of the body of Jagannath, Against this order Jagannath filed a revision before the learned sessions Judge at Bolangir who has made two recommendations thus - (i) That the issue of warrant of arrest before the warrant of attachment and sale of the properties failed to satisfy the arrears was illegal; and (ii) An amount for more than one year was not recoverable.

( 2 ) SECTION 488 (3) lays down that if any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in manner hereinbefore provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance rem


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