BANTI ALIAS JHALKESH BABU v. STATE OF U.P. AND ANOTHER
A482/1730/2025 · 2025-04-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8036 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63279 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1730 of 2025 Applicant :- Banti Alias Jhalkesh Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application under Section - 482 Cr.P.C. has been preferred against the recovery warrant dated 17.10.2016 as well as for quashing of the entire proceedings of misc. case No. 335 of 2016, under Section 125(3) Cr.P.C., P.S. - Civil Lines, District -Etawah, pending in the court of A.S.J./F.T.C., Court No. 2, Etawah.
3. It is submitted by learned counsel for the applicant that during pendency of the aforesaid recovery proceedings, the opposite party No. 2 has remarried with one Vinod Kumar but despite that she is pursuing the recovery proceedings and thus, the impugned order is liable to be set aside.
4. Perusal of record shows that the opposite party No. 2 was awarded maintenance under Section 125 Cr.P.C. and thereafter she has initiated the recovery proceedings under Section 125(3) Cr.P.C. It appears that as the applicant has not paid the arrears of maintenance thus, recovery warrant has been issued against him by the impugned order dated 17.10.2016. No material illegality or perversity could be shown in the impugned order. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice so as to require any interference by this Court in exercise of powers conferred under 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus, the same is liable to be dismissed.
5. The application under Section 482 Cr.P.C. is hereby dismissed. Order Date :- 24.4.2025/Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad