IN THE HIGH COURT OF JHARKHAND AT RANCHI

W. P. [Cr.] No.773 of 2025

Putul Kumari, W/o Abhishek Kumar and D/o Shri Rabindra Nath Dubey, earlier residing at Belashray, Vikas Nagar No.1, Singh More, PO- Hatia, PS- Jagarnathpur, District- Ranchi, Jharkhand and presently residing at 2^nd Floor, Awadh Ramesh Enclave, Near Tender Heart School, Tupudana, PO and PS-

Tupudana, Ranchi. .... .. ... Petitioner(s)

Versus

1. The State of Jharkhand.

2. The State of Bihar through its Principal Secretary, Home Department

having its office at Old Secretariat, Rajbansi Nagar, PO and PS- Old

Secretariat, Patna, Bihar.

3. The Director General of Bihar, having its office at Police Headquarters,

Old Secretariat, PO and PS- Old Secretariat, Patna, Bihar.

4. The Superintendent of Police, Gaya, PO and PS- Gaya, Bihar.

5. Officer in Charge, Delha Station, PS- Delha & PO- Gaya, District- Gaya,

Bihar.

6. Abhishek Kumar, S/o Sri Brajesh Kumar, previously residing at C/o

Shaligram Prasad Singh, Vishwanathpuri Colony, Delha, Opp.:- Vijay Laddu Bhandar, PO and PS- Delha, District- Gaya, Bihar and presently residing at C/o Om Prakash Tiwary, Quarter No.36B, Ramdhanpur, Gaya RS, Near Shambhu Tilkut Bhandar, PO and PS and District- Gaya, Bihar.

.. ... ..Respondent(s)

...........

CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

.........

For the Petitioner (s) : Mr. Pradyumna Poddar, Advocate

Mr. Mehul Raj, Advocate

For the State : Mr. Divyam, AC to SC.IV

…...

02/ 05.01.2026. Heard, learned counsel for the parties.

1. The instant Writ Petition (Crl.) has been filed under Article 226 of the

Constitution of India for issuance of a Writ in the nature of Mandamus directing upon the Officer-in-Charge, Delha Police Station, Gaya to execute distress warrant dated 02.05.2025 issued against the Respondent No.6 in connection with Original Maintenance Case

No.288/ 2023.

2. It is argued by learned counsel for the petitioner that an order of

maintenance under Section 125 Cr.P.C. was passed in favour of the petitioner on 17.12.2024, ex-parte against her husband/ respondent No.6. However, more than one and half years have elapsed, but the order has not been complied with despite the distress warrant being

issued by the learned Family Judge on 30.04.2025.

3. It is submitted that the respondent No.6/ husband is Resident of Delha,

District- Gaya, Bihar. It is contended that non-execution of the warrant

has led to the destitution of petitioner/ wife.

4. This Court is conscious that the power to issue writs under Article 226 of the Constitution of India is plenary in nature; however, such power must be exercised with due care and circumspection, particularly where an effective alternative remedy is available. Insofar as distress warrant is concerned, it is issued under the provisions of the Code of Criminal Procedure, which provides for an alternative executive machinery for its execution. This Court cannot step into the shoes of the Trial Court to ensure the execution of each and every warrant so issued. At the same time, if orders passed by a court of law are not complied with, it would undermine the very foundation of the rule of law. In such a situation, this Court would be duty-bound to take appropriate steps to ensure that the writ and authority of the court are not rendered ineffectual.

5. From the material on records, it appears that show cause was issued by the learned Addl. Principal Judge, Addl. Family Court-II, Ranchi for non-execution of distress warrant dated 02.05.2025 (Annexure-7).

6. It is submitted that the said show cause has also remained un-

responded.

7. This Court cannot be a mute spectator, if the order / warrant issued by the learned Trial Court is not complied with by the executing arms of of the State i.e. Police.

8. The mode of enforcement of order of maintenance is provided under Section 147 of the BNSS which reads as under:-

“A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour i