RADHEY SHYAM AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS
/11542/2024 · 2025-01-08
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DailyLaw.ai
[ 2025 DAILYLAW 169916 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169916 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1445 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11542 of 2024 Applicant :- Radhey Shyam And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 5 Others Counsel for Applicant :- Sheikh Mohammad Ali,Ramesh Gupta Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. In compliance of the order of this Court, the parties are present before this Court, private-opposite parties are present before this Court who have been identified by Shri Deepak Singh, Sub Inspector (PNO. 192665490), PS- Mehmoodabad, District - Sitapur. The instant application has been filed by the applicants for quashing the entire recovery proceeding against the applicants including impugned order dated 11.11.2024 as well as warrants for recovery issued by learned Principal Judge, Family Court, Sitapur on 02.12.2024 in Criminal Misc. Case Nos. 751/2018, 1141/2020 & 1121/2021 to the tune of Rs. 1,21,500/-, Rs. 84,000/- and Rs. 84,000/- respectively under section 125(3) Cr.P.C. (Prema Versus Sriram), relating to Police Station Mahmoodabad, District Sitapur, as contained in Annexure No. 1&2 to this application. Prayers for issuing a direction to learned Principal Judge, Family Court, Sitapur to pass a fresh order for recovery of arrears of maintenance after excluding the maintenance amount of opposite party no.4 and 5 due to being attaining the age of majority in the year 2018 and 2019 and for issuing a direction to learned Principal Judge, Family Court, Sitapur to accept the actual arrears of maintenance from the applicants in easy installments have also been sought. By means of the present application, the basis of the order dated 19.10.2012, whereby the application under Section 125 Cr.P.C. was allowed by the Family Court, and the order dated 29.11.2023, whereby the application filed by the application no. 2 for closing the
recovery proceedings has been rejected, have not been challenged. Considering the judgment passed in the case of C.P. Chitranjan Menon & ors. Vs. A. Balakrishnan & ors., AIR 1977 SC 1720 whereby the Hon'ble Supreme Court held that in absence of challenge to the basic order, subsequent consequential order cannot be challenged, the instant application is not maintainable. Accordingly, the instant application is rejected.
Liberty is given to the applicant to prefer an application before the Family Court for depositing the remaining amount under Recovery Certificate, as according to the statement of learned counsel for the applicants an amount of 1,20,000/- has been deposited through ₹ Amin, in easy installments, which shall be considered by the Court concerned sympathetically and an appropriate order would be passed on the said application, most expeditiously, as per law. Order Date :- 8.1.2025/Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench