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2025 DAILYLAW 109655 (ALL)

CHANDRAMA YADAV v. STATE OF U.P. AND ANOTHER

A482/41480/2024 · 2025-04-09

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53532 Court No. - 71 Case :- APPLICATION U/S 482 No. - 41480 of 2024 Applicant :- Chandrama Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aman Kumar,Pandey Balkrishna Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 CrPC has been preferred against the ex parte order dated 17.10.2024, passed by the Principal Judge, Family Court, Ghazipur in Criminal Misc. Case No.116 of 2020 (Kalawati Devi v. Chandrama Yadav), under Section 125 CrPC, Police Station- Nonahara, District- Ghazipur whereby maintenance has been granted in favour of opposite party no.2. 3. It is submitted by learned counsel for the applicant that the prayer made above is not being pressed and that as the opposite party no.2 was awarded maintenance by ex parte judgement dated 17.10.2024, thus, the applicant may be permitted to move an application under Section 126(2) Cr.P.C. to recall the ex parte judgement dated 17.10.2024 in accordance with law. 4. In view of aforesaid, it is directed that in case the applicant files an application under Section 126(2) CrPC, along with the application under Section 5 of Limitation Act, within a period of two weeks from today, for recall of ex parte judgement dated 17.10.2024, the same shall be considered and decided by the Family Court concerned expeditiously in accordance with law. 5. The application under Section 482 CrPC is disposed of accordingly. Order Date :- 10.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad