Advocates:
AFTAB ALI KHAN

SLP(Crl.)No.10137/15

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ITEM NO.7 COURT NO.1 SECTION IIC

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s).10137/2015

(Arising out of impugned final judgment and order dated 09/04/2015

in CRMMO No.230/2014 passed by the High Court of Himachal Pradesh

at Shimla)

MANOJ KUMAR Petitioner(s)

VERSUS

CHAMPA DEVI Respondent(s)

(With interim relief and office report)

Date : 06/04/2017 This petition was called on for hearing today.

CORAM :

HON'BLE THE CHIEF JUSTICE

HON'BLE DR. JUSTICE D.Y. CHANDRACHUD

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL

For Petitioner(s)

Ms.Nisha Priya Bhatia, Adv.

Mr. Aftab Ali Khan, Adv.

For Respondent(s) Mr. Anil Nag, Adv.

Mr.Arun Singh, Adv.

Upon hearing the counsel the Court made the following

O R D E R

1.

We have heard learned counsel for the rival parties at

some length.

2.

Having perused the impugned order, we are satisfied, that

the same is based on the two decisions rendered by this Court,

firstly, Vanamala (Smt) vs. H.M.Ranganatha Bhatta, (1995) 5 SCC

299, and secondly, Rohtash Singh vs. Ramendri (Smt) and others,

2000(3) SCC 952. Section 125 of the Criminal Procedure Code,

including the explanation under sub-section (1) thereof, has been

consistently interpreted by this Court, for the last two decades.

Digitally signed by

SATISH KUMAR YADAV

Date: 2017.04.07

17:20:00 TLT

Reason:

Signature Not Verified

SLP(Crl.)No.10137/15

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The aforesaid consistent view has been followed by the High Court

while passing the impugned order.

3.

For the reasons recorded hereinabove, we find no

justification whatsoever, to interfere with the impugned order, in

exercise of our jurisdiction under Article 136 of the Constitution.

4.

The special leave petition is accordingly dismissed.

(SATISH KUMAR YADAV) (RENUKA SADANA)

AR-CUM-PS ASSISTANT REGISTRAR