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2001 Supreme(MP) 227

BHAWANI SINGH, ARUN MISHRA
NANHI BAI – Appellant
Versus
NETRAM – Respondent


Advocates Appeared:
R.K.SAMAIYA, S.L.Kochar

ARUN MISHRA, J.

( 1 ) LEARNED single Judge Shri Justice S. K. Dubey (as he then was) has referred the instant revision to larger Bench, in order to decide the question whether the application filed for recovery of the amount of previous one year under section 125 (3) of the Code of Criminal Procedure, 1973 can continue for recovery of the future amount also and whether it is necessary to file separate application/applications for the amount falling due in future during the pendency of the said proceedings. As learned Single Judge has referred the entire revision, we are deciding the same after hearing the parties on merits.

( 2 ) LEARNED single Judge found conflict in the judicial pronouncements of this Court in the case of Loonchand v. Hemkanta (Criminal Revision No. 334 of 1985) decided on 5-3-1986 (1986) 1 MPWN (SN) 144 decided by Shri Justice K. I. Shrivastava, learned single Judge and in the case of Vimal Kumar v. Smt. Siya Bai (Criminal Revision No. 92/91 (J) decided on 28-4-93 by Shri Justice D. K. Jain (as he then was) (1993) 2 MPWN 141. Though the learned single Judge has expressed his agreement with the view taken in the case of Loonchand v. Hemkanta (supra), however, ref




































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