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Judgment
Anubha Rawat Choudhary, J
Learned counsel for the petitioner Mr. A.K. Sahani is present.
Learned counsel for the CCL Mr. Shivam Sahay is present.
Learned counsel for the CMPF Mrs. Priety Sinha is present.
During the course of argument, it appears that I.A. No. 4428 of 2021 has been filed for modification of order dated 28.06.2021 submitting that there
is a legal bar in Coal Mines Provident Fund (Miscellaneous Provisions) Act, 1948 that the amount of provident fund or pension is not capable of any
assignment or charge and shall not liable to any attachment under any decree or order of any court.
Further, the writ petition indicates that an order under Section 125 of Cr. P.C. was passed against private respondent giving the maintenance to the
petitioner at the rate of Rs. 500 per month w.e.f. 15.04.1987 and thereafter another application under Section 127 of Cr. P.C. was filed for
enhancement which was enhanced to Rs. 3000 per month w.e.f. May, 2012. Thereafter the petitioner filed a representation before the respondent No.
2 with a request to deduct 50% pension legally payable to private respondent. It further transpires that the petitioner instead of taking any step before
the learned court below for executing the order passed under Section 127 of the Cr. P.C. has straightway filed this writ petition.
Considering this aspect of the matter, learned counsel for the petitioner is directed to satisfy this court on the very maintainability of the present writ
petition. The learned counsel for the respondent has also submitted that the present petition is not maintainable.
Post this case on 14.02.2022 under the heading for ‘Orders’.