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2023 Supreme(All) 1209

JYOTSNA SHARMA
Zahida Anjum – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Rishikesh Tripathi.
For the Respondent:Govt. Advocate, A.R. Dwivedi, Manish Dwivedi, Prabhakar Tripathi.

JUDGMENT :

1. Heard Sri Rishikesh Tripathi, learned counsel for the petitioner, Sri Manish Dwivedi, learned counsel for respondent no.2, Sri O.P. Mishra, learned A.G.A. for the State and perused the record.

2. By means of this criminal misc. writ petition under Article 226 of the Constitution of India, the petitioner-Smt. Zahida Anjum has prayed for issuance of writ of certiorari to quash the judgment and order dated 06.05.2005 passed by Additional District & Sessions Judge in Criminal Revision No.173/2004 (connected with criminal revision no.212 of 2004) and also seeking issuance of mandamus commanding respondent no.2 to pay maintenance amount of Rs.5000/-per month to the petitioner from the date of application under Section 125 Cr.P.C.

3. Relevant facts giving rise to this petition are as below:-

    The petitioner moved an application seeking maintenance from her husband-respondent no.2, Atiqur Rahman before the Magistrate concerned in 2001. The trial court passed an order on 30.06.2004 and awarded Rs.1500/-per month in her favour as maintenance, payable from the date of the order. Challenging above order the petitioner as well as respondent no.2 preferred separate criminal revisions, C

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