HARI SHANKAR SHAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel appearing on behalf of the petitioner opposite party No. 2 and the learned A.P.P.

(2.) The petitioner has filed this application for transferring the Maintenance Case No. 185(M) of 2002 filed by opposite party No. 2, father of the petition, against the petitioner under Section 125 of the Code of Criminal Procedure (for short 'Cr.P.C.') pending in the Court of Sub-Divisional Judicial Magistrate, Bhojpur at Ara to any other Court to competent jurisdiction at Patna.

(3.) The case of the petitioner is that his father, opposite party No. 2 has filed a maintenance case against him in the Court of Chief Judicial Magistrate, Bhojpur at Ara under Section 125, Cr.P.C. which was numbered as 185 (M) of 2002 and which has been transferred to the Court of Sub-Divisional Judicial Magistrate, Bhojpur at Ara for disposal. According to the petitioner, he is a State Government employee and has been posted at Patna for several years where he is residing and the maintenance case filed by opposite party No. 2 against him is not maintainable in the light of provisions of Section 126 of the Cr.P.C. Prayer has been made for transferring the aforesaid maintenance case from Bhojpur to Patna.