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2025 DAILYLAW 71122 (ALL)

GHANSHYAM CHAND PATHAK v. State of U.P. AND 2 Others

A482/19888/2024 · 2025-02-26

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27351 Reserved Court No. - 73 Case :- APPLICATION U/S 482 No. - 19888 of 2024 Applicant :- Ghanshyam Chand Pathak Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- A.C.Tiwari(Ac),Shyam Kishore Tripathi Counsel for Opposite Party :- G.A.,Shashank Tripathi Hon'ble Raj Beer Singh,J. 1. Heard Sri A.C.Tiwari, learned counsel for the applicant, Sri Shashank Tripathi, learned counsel for opposite party No. 3 and learned AGA for the State. 2. The present application under Section 482 Cr.P.C. has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to prevent the abuse and process of court and just to save the interest of justice between parties, stay the recovery order dated 07.02.2024 as well as its consequential orders passed in Misc. Case No. 174/2023, arising out of Maintenance Case No. 278/2018, (Neetu Sharma Vs. Ghanshyam Chand Pathak), U/s 125(3) Cr.P.C., pending before Additional Principal Judge (Family Court), Gautam Buddh Nagar. It is further prayed that this Hon'ble Court may be pleased to stay the further proceedings of recovery/execution case No. 174/2023, (Neetu Sharma Vs. Ghanshyam Chand Pathak), U/s 125(3) Cr.P.C., pending in the Court of Additional Principal Judge (Family Court), Gautam Buddh Nagar and/or to pass such other and further suitable orders, which this Hon'ble Court may deem, fit and proper in the interest of justice." 3. It is apparent from petition that the only prayer to stay the recovery order dated 07.02.2024 has been made. This case was connected with criminal revision no. 3107 of 2022. The said criminal revision has been disposed of today. 4. Considering entire facts of the matter, no case for staying the recovery order or to interfere in the impugned order is made out. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 5. The application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 27.2.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad