AMAR SARAN, J. - (1.) HEARD learned Counsel for the applicant and learned AGA, Sri Shashi Kumar.
(2.) BY means of this application under Section 482, Cr.P.C. the applicant has challenged an order dated 6-1 -2006 passed by CJM, Bareilly in Case Crime No. 8166 of 2005, under Sections 498-A, 323, 504, 506, IPC, PS Mahila Thana, District Bareilly, whereby the applicant was directed to pay Rs. 1,5007- per month as maintenance allowance to his wife, Smt. Anju, opposite party No. 2, as per the order of this High Court dated 11-5-2005 passed in Cri. Misc. Writ Petition No. 4954 of 2004. Learned Counsel submits that as per the order of this Court, the order was to stay the arrest of the applicant till the submission of the charge-sheet and he was to pay Rs. 1.500/- per month till that period only. He points out that the charge-sheet in the case has been submitted and cognizance taken. The appli­cant has surrendered and obtained a bail order dated 29-7-2005 from the Court below, still the obligation to continue to pay the said amount is being enforced by the learned Magistrate.
(3.) LEARNED Counsel for the applicant has drawn my attention to a decision of the Apex Curtin Gir Prasad and others v. State of U.P. and others, (2006)2SCC (Cri) 250, which has disapproved of the orders of this Court directing payment of monthly amount by way of interim compensation and staying of arrest on that ground.;