RAMBALI RAJBHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Sri S.K. Mishra Advocate appearing for the applicant and learned AGA for the State.

(2.) BY means of this application under Section 482 of the Code of Criminal Procedure (in short "the Cr.P.C."), order dated 14.5.2009 passed by Additional Sessions Judge, Court No. 6, Azamgarh in Criminal Revision No. 102 of 2009 (Rambali Rajbhar v. State of U.P.) has been challenged. By the impugned order, the revision has been dismissed.

(3.) THE main submission made by learned counsel is that the applicant and his father Moti Rajbhar are joint registered owner of tractor No. U.P. 50L/ 6080, which has been attached in compliance of the order dated 2.3.2009 passed by Family Court Azamgarh in execution case No. 180 of 2006 and since the applicant and his father have no concern with that case, hence the tractor is liable to be released in their favour. To show their ownership of tractor, the applicant has filed copy of Certificate of Registration (Annexure-1). It is also submitted by learned counsel for the applicant that Virendra @ Rajendra is the grandson of Moti Rajbhar, but property of the applicant and Moti Rajbhar cannot be attached in compliance of the order dated 2.3.2009 passed in execution case No. 180 of 2008, Smf. Msrta v. Virendra @ Rajendra, as the order of granting maintenance allowance under Section 125, Cr.P.C. was passed against Virendra @ Rajendrd and hence the maintenance allowance can be recovered from his property alone and property of other persons cannot be attached for making recovery of maintenance allowance. The contention of the learned counsel is that only Virendra @ Rajendra is liable to pay maintenance to his wife Smt. Nisha in compliance of the order passed in the proceeding under Section 125, Cr.P.C. by Family Court Agamgarh, and hence, for making recovery of maintenance allowance, the tractor aforesaid could not be attached, as Virendra @ Rajendra has no concern with that tractor, which is the joint property of applicant Ram Bali Rajbhar and his father Moti Rajbhar.