Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 4762 (ALL)

ARSHAD HUSAIN v. STATE OF U.P. AND 2 OTHERS

A482/429/2025 · 2025-08-10

Sanjay Kumar Pachori

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:135899 Court No. - 74 Case :- APPLICATION U/S 482 No. - 429 of 2025 Applicant :- Arshad Husain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vivek Kumar Maheshwari Counsel for Opposite Party :- G.A.,Jagdish Prasad Mishra Hon'ble Sanjay Kumar Pachori,J. Criminal Misc. Recall Application No.1 of 2025 Heard Sri Vivek Kumar Maheshwari, learned counsel for the applicant, Sri Jagdish Prasad Mishra, learned counsel for private opposite party nos.2 and 3 and learned A.G.A. for the State. The present application under Section 482 Code of Criminal Procedure has been filed to quash the order dated 12.12.2024 passed by learned Principal Judge, Family Court, Muzaffarnagar in Maintenance Case No.903/11 of 2021 (Naziya Praveen Vs. Arshad Husain), arising out of an application under Section 125 Cr.P.C., whereby the family court dismissed the application to grant opportunity of cross- examination of opposite party no.2. Learned counsel for both the parties fairly admits that the main controversy is that the opportunity to cross examine the private opposite party no.2 is dismissed. Learned counsel for the private opposite party no.2 has no objection if applicant wants to cross examine the private opposite party no.2. In view of above facts and circumstances as well as the settled position of law, the grounds shown are sufficient. The recall application is allowed and the order dated 8.1.2025 is recalled. The applicant is directed to complete the cross examination on one date fixed, within two weeks from today and the private opposite party no.2 is directed to appear for cross examination before the court concerned. Order on Application U/s 482 Cr.P.C. Learned counsel for both the parties admits that main controversy is resolved. No other point is remain to decide. The present application U/s 482 Cr.P.C. is disposed of accordingly. Order Date :- 11.8.2025/Kpy Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad