NILESHKUMAR RAMESHCHANDRA DHRUV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. S. T. Mehta Addl. Public Prosecutor appears and waives service of Rule for the State.

(2.) The petitioner who is the original opponent in Miscellaneous Criminal Application No. 172 of 1988 has approached this Court challenging the order dated 26-9-1988 passed by the learned Chief Judicial Magistrate Amreli who issued a warrant against the present petitioner to recover the amount of maintenance of Rs. 7 500 by attaching the movable property and if the said amount could not be recovered from that then he ordered to arrest the present petitioner and to produce him before the Court.

(3.) Notice was issued to respondent No. 1 who is the wife and also to the State. Respondent No. 1 remained present in person before this Court and Mr. S. T. Mehta learned Addl. Public Prosecutor for the State waived service of notice on behalf of the State. Respondent No. 1 submitted that she has nothing to say in the matter. In view of the said statement made by respondent No. 1 the learned Counsel for the petitioner sought permission to delete her name as respondent No. 1. Permission was granted In these circumstances the learned Counsel for the petitioner and the learned Addl. Public Prosecutor for the State are heard.