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2025 DAILYLAW 14493 (ALL)

SUGRIV ALIAS SUGRIV KUMAR v. STATE OF U.P. AND ANOTHER

A482/3630/2025 · 2025-05-07

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75225 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3630 of 2025 Applicant :- Sugriv Alias Sugriv Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Singh,Shaikh Mohd Mujib Ur Rahman,Varun Shukla,Yateesh Kumar Singh 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. This application u/s 482 Cr.P.C. has been preferred against the order dated 11.12.2024, passed by the Principal Judge, Family Court, Maharajganj in misc. case no. 255 of 2020, under Section 128 Cr.P.C., P.S. Farenda, District Maharajganj, whereby in proceedings under Section 128 Cr.P.C. recovery warrants have been issued against the applicant, as well as for quashing of the entire proceedings of the aforesaid case. 3. It has been submitted by learned counsel for the applicant that the opposite party No. 2 was granted maintenance by the Family court vide judgement and order dated 08.02.2021. The applicant has challenged the said order by filing an Application u/s 482 No. 7969 of 2021 before this Court, wherein by order dated 18.03.2021 the operation of the order dated 08.02.2021 was stayed subject to the condition that applicant continues to deposit an amount of Rs. 4,000/- per month from the date of order. It was stated that in compliance of the said order, applicant has deposited the entire arrears of maintenance and he is continuously depositing the amount of Rs. 4,000/- per month and the order dated 18.03.2021 has been complied with by the applicant but despite that in recovery proceedings recovery warrants have been issued against the applicant while there is no due amount upon the applicant. 4. In view of the aforesaid, it is directed that in case applicant moves an application before the Family court concerned raising his aforesaid grievance, within a period of two weeks from today, the same shall be considered and decided by the Family court concerned expeditiously in accordance with settled law. 5. The application under Section 482 Cr.P.C. is disposed of in above terms. Order Date :- 8.5.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad