PROSENJEET KUMAR BISHWAS ALIAS PROSENJEET VISHWAS v. STATE OF U.P. AND ANOTHER
A482/29242/2024 · 2025-02-26
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88256 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88256 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27464 Court No. - 73 Case :- APPLICATION U/S 482 No. - 29242 of 2024 Applicant :- Prosenjeet Kumar Bishwas Alias Prosenjeet Vishwas Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ganesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been preferred against order dated 06.04.2024, passed by learned Principal Judge, Family Court, Chandauli in Execution Case No.445 of 2023 (Smt. Vandana Bishwas Vs. Prosenjeet Bishwas), under Section 128 Cr.P.C., pending in the Court of learned Principal Judge, Family Court, Chandauli, whereby warrants have been issued against the applicant.
3. Learned counsel for the applicant has submitted that the opposite party no.2 is not allowing the applicant to reach to the Court and attend the proceedings of the case at Chandauli and that warrants have been issued against applicant without considering relevant facts.
4. Perusal of record shows that the opposite party no.2 was granted maintenance by the Family Court vide order dated 24.05.2023. It appears that she has initiated proceedings under Section 128 Cr.P.C. for recovery of arrears of maintenance. Learned Family Court has mentioned in the impugned order that applicant has not appeared before the Family Court and he has not complied with the order of Family Court regarding payment of maintenance to the opposite party no.2 and thus, issued non bailable warrants
against applicant. No abuse of process of the Court or any other patent illegality could be shown in the impugned order. In view of the facts of matter, no case for invoking powers under Section 482 Cr.P.C. is made out. The application lacks merit and thus, liable to be dismissed.
5. Application U/s 482 Cr.P.C. is dismissed. Order Date :- 27.2.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad