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2025 DAILYLAW 145550 (ALL)

AKALIMUN NINSHA v. STATE OF U.P. THRU. A.C.S. / PRIN. SECY.. DEPTT. OF HOME LKO. AND 3 OTHERS

A482/4841/2025 · 2025-06-11

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35224 Court No. - 11 Case :- APPLICATION U/S 482 No. - 4841 of 2025 Applicant :- Akalimun Ninsha Opposite Party :- State Of U.P. Thru. A.C.S. / Prin. Secy.. Deptt. Of Home Lko. And 3 Others Counsel for Applicant :- Kaushalendra K. Tripathi,Dharmendra Kumar Yadav,Manuvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. is filed with the prayer to quash the proceedings of Misc. Criminal Case No.918 of 2019 (Shabnoor Bano & Anr. Vs. Mohd. Mugish Khan) under Section 128 Cr.P.C., Police Station - Kudwar, District - Sultanpur. 3. Learned counsel for the applicant submits that proceedings under Section 125 Cr.P.C. was initiated by opposite parties Nos.2 & 3 (daughter- in-law & grand daughter of the applicant, respectively). He further submits that son of the applicant is a co-sharer of the Gatta, which is being auctioned in compliance of the order passed by the competent court under Section 125 Cr.P.C. He further submits that there is no demarcation of the share of son of the applicant, therefore, revenue authorities are trying to auction the entire property, in such circumstances, kind indulgence of this Court is necessary. 4. Learned A.G.A. opposes the prayer of the applicant and submits that appropriate objection may be raised before the revenue authorities. 5. Considering the submissions of learned counsel for the parties, going through the record of the present application as well as impugned order, it is evident that recovery order has been issued in compliance of the direction issued by the competent court under Section 125 Cr.P.C. for making payment of the maintenance to the respondent nos.2 & 3. As it is undisputed fact that son of the applicant is also co-sharer against whom order for maintenance was passed, accordingly, present application is disposed of with the liberty to the applicant to move appropriate application before the revenue authorities informing share of son of the applicant. Order Date :- 11.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench