ASHISH PAL v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 2 OTHERS
A482/1071/2025 · 2025-02-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121599 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121599 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8731 Court No. - 12 Case :- APPLICATION U/S 482 No. - 1071 of 2025 Applicant :- Ashish Pal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And 2 Others Counsel for Applicant :- Shradha,Surjeet Vishwakarma Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the applicant and learned counsel for the State as also perused the record.
2. This application has been filed by the applicant for staying the recovery warrant issued against the applicant in Criminal Case No.866 of 2018, under Section 125 (3) Cr.P.C.
3. By the order impugned dated 25.09.2023, the Additional Principal Judge, Court No.8, Family Court, Lucknow has allowed the application preferred by the opposite party No. 3/Smt. Kiran @ Laxmi (wife of applicant) under Section 125 Cr.P.C. registered as Criminal Case No. 866 of 2018 (Smt. Kiran @ Laxmi and another Vs. Ashish Pal). Vide order, under challenge, dated 25.09.2023 passed by the Addl. Principal Judge, Court No.8, Family Court, Lucknow (in short "trial court") has awarded Rs.6,000/- per month in favour of opposite party No.3 and Rs.3000/- per month in favour of her daughter.
4. Taking note of the statutory remedy being available to the applicant, this Court is not inclined to entertain the present application.
5. Accordingly, the instant application is disposed of with the liberty to the applicant to avail the remedy available. In case, the applicant prefers the statutory remedy as available, the same shall be decided expeditiously, as per law, after affording full opportunity of hearing to the parties concerned. Order Date :- 11.2.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench