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2025 DAILYLAW 101341 (ALL)

DHARAMNATH SINGH v. STATE OF U.P. AND ANOTHER

A482/33383/2024 · 2025-04-21

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60725 Court No. - 87 Case :- APPLICATION U/S 482 No. - 33383 of 2024 Applicant :- Dharamnath Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bed Kant Mishra,Neetu Mishra Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Bed Kant Mishra, learned counsel for the applicant, Sri Neelkant Upadhyay, learned A.G.A. for the State-opposite party no.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing of order dated 10.09.2024 passed in Case No.1149 of 2023 against the applicant in pursuance of order dated 23.12.2022 passed by learned Principal Judge, Family Court, Kanpur Nagar in Case No.1010 of 2020, under Section 125 (3) Cr.P.C. (Smt. Manju Devi v. Dharamnath Singh), P.S. Chakeri, District Kanpur. 3. Learned counsel for the applicant submits that opposite party no.2 is living with her parents as she had left her matrimonial house 20 years ago. He further submits that the applicant is a very poor person and not in position to pay the maintenance amount awarded by the trial Court. The order passed by the trial Court is expartee, against which the applicant has filed recall application, which too has been dismissed without considering the material available on record. 4. Per contra, learned A.G.A. submits that the order passed by the trial Court is justified as the applicant is continuously avoiding the Court proceedings and not maintaining his wife and daughter. It is further submitted that the order passed by the Court below requires no interference by this Court. 5. After hearing learned counsel for the parties and perusing the impugned order, this Court finds no good ground to interfere in the impugned order passed by the trial Court. 6. Accordingly, the instant application stands dismissed. Order Date :- 22.4.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad