SMT. MAYA PATEL AND ANOTHER v. STATE OF U.P. THRU. SUPERINTENDENT OF POLICE DISTRICT PRATAPGARH AND 2 OTHERS
CRLP/9991/2024 · 2025-11-07
Rajnish Kumar, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175058 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175058 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9991 of 2024 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J.
1. Heard Sri Arun Yadav, holding brief of Sri Askhok Kumar Yadava, learned counsel for the petitioners and learned A.G.A. for the State. 2. This petition has been filed seeking following main relief:-
"I. Issue a writ, order or direction in the nature of Mandamus directing the opposite parties no.01 and 02 for compliance of orders passed by the Ld. Principal Judge, Family Court, Pratapgarh dated 01.05.2019 in letter and spirit. (As contained in Annexure No.1)"
3. The order dated 01.05.2019 is an ex-parte order passed in Regular Suit No.82/2018 by the learned Principal Judge, Family Court, Pratapgarh on an application filed by the petitioners under Section 125 Cr.P.C.
4. Learned A.G.A., on the basis of instructions dated 06.01.2025 received from Sri Ajeet Kumar Singh, Sub Inspector, Police Station Aaspur Devsara, District Pratapgarh, which have been placed before this Court and taken on record, submits that a Criminal Misc. Case No.942019 (Maya Patel Vs. Arvind Kumar Patel), under Section 128 Cr.P.C., Police Station Aaspur Devsara, District Pratapgarh is pending for recovery of maintenance and in the said case, recovery warrant as well as non bailable warrant were issued against Arvind Kumar Patel i.e. respondent No.3 and in compliance thereof, he was arrested on 18.02.2024 at about 11:00 hours, information of his arrest was given to his nephew and he was Versus Counsel for Petitioner(s) : Ashok Kumar Yadava, Aditya Singh Counsel for Respondent(s) : G.A. Smt. Maya Patel And Another .....Petitioner(s) State Of U.P. Thru. Superintendent Of Police District Pratapgarh And 2 Others .....Respondent(s)
produced in the Court, which is recorded in G.D. No.21 dated 18.02.2024 at 11:50 hours. He further submits that thereafter a non bailable warrant dated 19.09.2024 was issued, which has been got recalled by the accused from the concerned court, therefore, submission is that there is no fault on the part of respondent Nos.1 & 2 in compliance of the orders passed by the learned Family Court as they have complied the order in accordance with law. 5. In view of above, no further action is required in the matter. The grievance, if any, may be raised by the petitioners before the learned Family Court in the Execution Proceedings, if the same is still pending. 6.
With the aforesaid, this petition is dismissed. November 7, 2025 Saurabh CRLP No. 9991 of 2024 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench