IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.703 of 2009 Shanti Devi wife of Ganesh Pandit, R/o Singhaul, P.S. Muffasil Akauna, District-Nawada at present daughter of Mahabir Pandit, Village-Anaila, P.O.-Mahrama, P.S.-Roh, District- Nawada. ..........Petitioner Versus 1. State Of Bihar. 2. The Superintendent of Police, Nawada. 3. The Officer In-charge, P.S.-Muffasil Akauna, District-Nawada. 4. Ganesh Pandit son of Ram Charitar Pandit, R/o Singhauli, P.S.- Muffasil Akauna, District-Nawada. .....Respondents ----------- 09 10.08.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is a helpless lady, who is leading miserable life and is running pillar to post to have her legal grievances redressed, filed instant petition to enforce the order dated 05.02.2002 passed by Sri Manoj Shanker, Judicial Magistrate, 1st Class, Nawada in Miscellaneous Case No. 35 of 1999 whereby and whereunder sum of Rs. 900/- in total (500 for herself and 400 for minor son) was granted as maintenance amount. In spite of notice issued against respondent, respondent no. 4 did not choose to appear. The remedy with regard to the grievances of the petitioner is itself available under sub-cause 3 of section 125 of the Cr.P.C. which lays down as under:- “If any person so ordered 2 fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: The other provisions on this scope happens to be under section 128 of the Cr.P.C. which says as under:- “A copy of the order of maintenance or interim maintenance and expenses of proceeding, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.” Now coming to the manner of realization because the amount is to be levied as a fine, section 421 of the Cr.P.C. deals with the methodology how to realize the fine and the same is 3 reproduced as under:- “Warrant for levy of fine- When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may- (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both of the defaulter: provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357. (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issue a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such 4 warrant shall be executed by the arrest or detention in prison of the offender.” Therefore, under section 421 (a), the petitioner is at liberty to detail the property before the Court where the matter is still pending for realization who will proceed in accordance with sub-clause (b) of section 421 of Cr.P.C. With the aforesaid direction, the instant petition is disposed off. Safik (Aditya Kumar Trivedi, J.)