Mr. Vishal C. Mehta, learned advocate, has submitted that affidavit of direct service is not filed. Therefore, it does not become clear as to whether process issued pursuant to the order dated 30.10.2012 is served to the respondents or not.
1.1 None is present for the respondents.
1.2 It, therefore, appears that the process is still not served to the respondents.
2. The respondent no.2 appears to be father of the petitioner, who appears to have taken out proceedings seeking maintenance from his son under Section 125 of the Code of Criminal Procedure. The learned trial Court appears to have passed order directing payment of certain amount towards maintenance. It also appears that the petitioner has failed to comply with the said order and he is already in arrears. Consequently, the learned trial Court appears to have issued non-bailable warrant.
2.1 Present petition is taken out against the said order directing issuance of non-bailable warrant.
3. This Court (Coram:
Hon'ble Mr. Justice Rajesh H. Shukla) under order dated 30.10.2012 directed that notice be issued on condition that the petitioner shall deposit a sum of Rs.50,000/-. Vide the said order, the Court had directed that the process be issued to the respondents and in the meanwhile, the Court also granted ad-interim relief, i.e. the operation of the order to issue non-bailable warrant, came to be stayed. Under the very order, the Court has also permitted the respondent no.2 to withdraw the amount deposited by the petitioner.
4. It appears that in pursuance of the said order, the petitioner has deposited the amount before the learned trial Court. Therefore, the said amount may be allowed to be withdrawn by the respondents, in view of this Court's order.
The learned trial Court shall pass appropriate order on this count.
4.1 A copy of this order may be separately forwarded to the registry of learned trial Court by registry of this Court.
5. Since the petitioner has failed to file affidavit of direct service, office is directed to issue fresh notice to the respondents (in Criminal Misc. Application No.15151 of 2012) returnable on 25.1.2013.
(K.M.THAKER, J.) kdc Page 2 of 2