IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2117 of 2010 1. SURYA DEO PRASAD YADAV @ SURAJ PRASAD YADAV S/O SHIVDHARI YADAV R/O VILL EKANGARDIH,P.S.EKANGARSARAI,DISTT-NALANDA Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY null GOVT.OF BIHAR,PATNA 2. THE SENIOR SUPERINTENDENT OF POLICE PATNA 3. RAMITA DEVI D/O SRI KRISHNADEO PRASAD R/O VILL HOODRAHIYA,P.S. RAHUAI,DISTT-NALANDA,BIHARSARIF ----------- 2. 12.8.2010 Heard learned counsel for the petitioner and the State. The petitioner questions the order No. 3250 of 2008 passed by the Senior Superintendent of Police, Patna by which he has directed that 50% salary of the petitioner shall be paid to his first wife, Respondent no. 3 and her name be entered in his service book. It is submitted that this order is ex parte in nature and does not take into consideration the order of this Court in Cr. Misc. Nos. 25472 of 2003 and 24830 of 2003 preferred by respondent no. 3 and the petitioner respectively in context of a maintenance order of the Judicial Magistrate, Ist Class, Hilsa, Nalanda which was allowed with certain modifications by this Court on 28.4.2006. The submission therefore is that the petitioner is sought to be penalized twice. He is already paying her maintenance for herself and the child and yet again is going to lose 50% of his salary and shall have to comply the maintenance order from the 2 remaining 50% of his salary, leaving nothing to him. This Court is satisfied that the order of the Superintendent of Police is ex parte from the recitals contained therein. But this Court finds it difficult to pass another ex parte order setting aside the order impugned in absence of respondent no. 3. Rather than stay the order of the Superintendent of Police, issue notice to the respondent no. 3 and then keep the matter pending before this Court for long years the application is disposed with directions to the petitioner to bring the order of this Court in Cr. Misc. No. 25472 of 2003 and 24830 of 2003 to the attention of the Superintendent of Police who shall then proceed to issue notice to respondent no. 3 and decide matters appropriately afresh in accordance with law. If at this stage, the petitioner files any application seeking interim relief before the Superintendent of Police and satisfies that he has fully complied up to date the order passed for maintenance by the competent Court as modified by this Court in the aforesaid Cr. Misc. applications only in that event shall the Superintendent of Police consider his application for interim relief. The writ application stand disposed. P. Kumar ( Navin Sinha, J.)