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2018 Supreme(All) 2454

JAYANT BANERJI
Ran Vijay Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates Appeared:
For the Applicant : Sanjay Kumar, Raj Kumar Vaishya
For the Opposite Party : G.A.,Rahul Singh

JUDGMENT :

Jayant Banerji, J.

Heard Shri Raj Kumar Vaishya alongwith Shri Sanjay Kumar for the applicant and Shri Rahul Singh for the opposite party no.2.

2. Learned counsel for the opposite party no.2 has stated that he does not wish to file any counter affidavit in the matter and it may be decided on the point of law involved in this case. Accordingly, with the consent of the parties, this application is being decided on merits.

3. This application has been filed for quashing the order dated 27 April 2018 passed by the Principal Judge, Family Court, Mahoba in Case No.12 of 2018 (Smt. Ranjeeta Vs. Ran Vijay Singh) whereby, in proceedings under Section 128 Cr.P.C., the court below has directed the deduction of maintenance amount of Rs.5000/-per month to be made from the salary of the applicant and has further directed conducting an inquiry into the second marriage of the applicant and to send the inquiry report to the Court.

4. In the affidavit filed in support of this application, it is stated that proceedings for maintenance under Section 125 Cr.P.C. were initiated by the opposite party no.2 against the applicant for her maintenance being the legally wedded wife of the applicant. This

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