MOHD. AMIN SHAH Vs. STATE

JUDGEMENT

(1.) The case set up by the petitioner in the present writ petition is that on account of certain matrimonial disputes between him and his wife-respondent No. 4, who allegedly filed false and frivolous complaint against him with respondent Nos. 1 and 2, he was forced to execute an affidavit, agreeing to the deduction of half of his salary and payment thereof to respondent No. 4. The affidavit was executed under threat of loss of service and pressure executed by the official respondents through respondent No. 4 herein. It was based upon the affidavit that an order dated 22nd of April, 2009 came to be passed.

(2.) The petitioner challenges the aforementioned order dated 22nd of April, 2009 on the ground that the same is without jurisdiction and does not carry with it any sanction of law.

(3.) Learned counsel for the petitioner urged that the said deduction could have been ordered only pursuant to order passed by a Court in terms of Section 488 CrPC and not otherwise. Learned counsel further urged that despite repeated requests to the official respondents that the deduction from salary was illegal, without jurisdiction and without any authority of law, official respondent No. 3 was persisting to deduct the same. Hence, the present petition.