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In Re: Yerasuri Lakshminarayana Murthy - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1986CriLJ1846
AppellantIn Re: Yerasuri Lakshminarayana Murthy
Excerpt:
- maximssections 2(xv) & 3(1) & (3): [v.v.s. rao, n.v. ramana & p.s. narayana, jj] ghee as a live stock product held, [per v.v.s. rao & n.v. ramana, jj - majority] since ages, milk is preserved by souring with aid of lactic cultures. the first of such resultant products developed is curd or yogurt (dahi) obtained by fermenting milk. dahi when subjected to churning yields butter (makkhan) and buttermilk as by product. the shelf life of dahi is two days whereas that of butter is a week. by simmering unsalted butter in a pot until all water is boiled, ghee is obtained which has shelf life of more than a year in controlled conditions. ghee at least as of now is most synthesized, ghee is a natural product derived ultimately from milk. so to say, milk is converted to dahi, then butter...........sastry, learned counsel for the petitioner contends that under section 125(3) of the cr. p.c. only movable property can be attached and sold but the salary is not movable property which can be sold and therefore the salary cannot be attached. 1 am unable to agree with this contention. section 125 cr. p.c. is designed to provide maintenance to a party who is unable to support herself or himself. therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. section 125(3) cr. p.c. provides for enforcement of the decree and the said section says that any movable property can be attached. the expression movable property must be given wide interpretation. in my opinion the salary cannot be excluded from the category of movable property.....
Judgment:
ORDER

K. Amareswari, J.

1. This is a petition under Section 397 of the Code of Criminal Procedure to revise the order of the II Addl. Munsif Magistrate, Visakapatnam attaching the salary of the petitioner for not paying the maintenance according to the decree in M.C. No. 11 of 1983.1 do not find any illegality in the order. Mr. Sastry, learned Counsel for the petitioner contends that under Section 125(3) of the Cr. P.C. only movable property can be attached and sold but the salary is not movable property which can be sold and therefore the salary cannot be attached. 1 am unable to agree with this contention. Section 125 Cr. P.C. is designed to provide maintenance to a party who is unable to support herself or himself. Therefore, it is imperative on the part of the person against whom the decree is passed to comply with the decree. Section 125(3) Cr. P.C. provides for enforcement of the decree and the said section says that any movable property can be attached. The expression movable property must be given wide interpretation. In my opinion the salary cannot be excluded from the category of movable property mentioned in Section 125(3) Cr. P.C. This is also the view taken by a learned single -Judge in Ahmed Pasha v. Wajid Unnissa Wajeeda Begum (1983) 1 APLJ (HC) 42 : 1983 Cri LJ 479. The revision is, therefore dismissed.

2. It is represented that Crl. R.C. 192 of 1985 filed against the order in M.C. 11 of 1983 is still pending. Post Crl. R.C. 192 of 1985 for final hearing as expeditiously as possible.


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