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2025 DAILYLAW 84741 (ALL)

KAMTA PRASAD v. State of U.P. AND ANOTHER

A482/25941/2024 · 2025-04-20

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:59385 Court No. - 87 Case :- APPLICATION U/S 482 No. - 25941 of 2024 Applicant :- Kamta Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Sati Shanker Tripathi Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri A.K. Mishra, learned counsel for the applicant and learned A.G.A. for the State and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing the order dated 28.06.2024 passed by the learned Principal Judge, Family Court, Jhansi in Case No. 16 of 2024 (Km. Nainsee vs. Kamta Prasad), under Section 128 Cr.P.C., whereby a recovery order has been issued for deduction of maintenance from the salary of the applicant. 3. Learned counsel for the applicant submits that the opposite party no. 2 has attained the age of majority and is no longer entitled to maintenance. It is further submitted that the applicant could not comply with the previous orders due to his transfer and medical condition, and that the impugned order has been passed without proper consideration of these facts. 4. Per contra, learned A.G.A. submits that the impugned order is a continuation of the maintenance proceedings and has been rightly passed in accordance with law. He contends that the earlier maintenance orders were never challenged and have attained finality. The proceedings under Section 128 Cr.P.C. are meant for recovery of arrears and the applicant is at liberty to raise all objections, including the issue of majority of the opposite party no. 2, before the trial court. 5. Upon consideration of rival submissions and perusal of the record, this Court does not find any good ground to interfere in the impugned order at this stage. The applicant has an alternative remedy available before the court below. 6. Accordingly, the application stands dismissed. Order Date :- 21.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad