Heard learned counsel for the applicant and learned A.G.A. The present criminal writ petition has been filed for stay the orders dated 16.7.2008 and 20.10.2008 passed by learned Judicial Magistrate/ respondent no. 3, Kannaj and Additional Session Judge/respondent no. 2 District Chandauli, in Case No. 18/12/07, under Section 125 Cr.P.C. whereby the learned Court below has granted maintenance of Rs.700/- to the apposite party no. 4 from the date of filing of the application.
Issue notice to the opposite party no 4 returnable within a period of six weeks. Steps be taken within a week.
Learned A.G.A. prays for and is granted six weeks' time to file counter affidavit. Opposite party no.4 may also file counter affidavit within the same period. As prayed by learned counsel for the revisionist two weeks' thereafter, is granted for filing rejoinder affidavit.
List immediately, after expiry of the aforesaid period. For a period of three weeks from today coercive action against the applicant shall be kept in abeyance provided the applicant deposit 25% of the total amount of arrears of maintenance to be paid by him to the opposite party no.4 within the period of three weeks' from today and subject to such deposit balance of 75% of arrears of maintenance shall be kept in abeyance. Subject to deposit 25% of arrears of maintenance the interim protection granted to him shall remain operative till the next date of listing. It is clarified that in addition to the above payment of arrears, the applicant shall continue to pay the current maintenance allowance month by month as and when it becomes due to the opposite party no.4. The aforesaid amount of arrears and monthly maintenance shall be paid over to the opposite party no.2 after due verification by the court below.
In case of default of payment as specified above, it will be open for the opposite party no.4 to recover entire amount from the revisionist and this order granting interim protection, shall automatically be vacated.
Order Date :- 14.6.2010 vks