MAHESH CHANDRA PATEL ALIAS MAHESH KUMAR v. STATE OF U.P. AND 2 OTHERS
A482/44703/2024 · 2025-07-09
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 113517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 113517 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:110215 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 9) Court No. - 78 Case :- APPLICATION U/S 482 No. - 44703 of 2024 Applicant :- Mahesh Chandra Patel Alias Mahesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar I Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Jeet Bahadur Gautam, Advocate holding brief of Sri Sunil Kumar, learned counsel for the applciant and Sri Vijay Rathi, learned A.G.A. for the State.
2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 15.10.2024 passed in Case/Izra no. 63 of 2024 (Smt. Rekha Devi & others vs. Mahesh Kumar) under Section 126(3) Cr.P.C., Police Station-Karchhana, District-Allahabad pending int he court of Additional Family Judge-III, Allahabad. Further a direction is sought for the trial court to decide the application under Section 126(2) Cr.P.C. dated 6.9.2024 filed in Misc. Case No. 161 of 2024 arising out Original Suit No. 300 of 2018.
3. Learned counsel for the applicant submits that against the ex parte order dated 10.4.2024 passed in proceedings under Section 125 Cr.P.C. whereby the opposite party no. 2 and 3 have been granted maintenance at the rate of Rs. 3,000/- per month each. It is further submitted that the applicant has filed an application under Section 126(2) Cr.P.C. on 6.9.2024, which has not yet been decided and the trial court is proceeding in the execution case under Section 125(3) Cr.P.C. for recovery of the due amount of maintenance against the applicant as per the order dated 10.4.2024.
4. From a perusal of the order dated 10.4.2024, it appears that the applicant herein had initially participated in the proceedings under Section 125 Cr.P.C. but later absented himself from the proceedings and he was proceeded ex parte on 2.8.2019. Therefore, the applicant had full knowledge of the proceedings.
Thus, there is no illegality in proceeding ex parte against him. Further looking at the meagre amount awarded by the trial court as maintenance by the Additional Principal Judge, Family Court, Allahabad, this Court do not find any good ground to entertain the instant application.
5. Accordingly, the instant application stands dismissed. Order Date :- 10.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad