Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:26274 Court No. - 77 Case :- APPLICATION U/S 482 No. - 31454 of 2024 Applicant :- Abdul Samad @ Samad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babu Lal Ram, Gyanendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Babu Lal Ram, learned counsel for the applicant and Sri Sunil Kumar Kushwaha, learned AGA for the State.
2. Present application under Section 482 Cr.P.C. has been filed for quashing the order dated 03.07.2024 passed by Judicial Magistrate 3rd Varanasi in Case No.419 of 2015, under Section 12 Protection of Women from Domestic Violence Act, Police Station Jaitpura, District Varanasi, pending in the court of Judicial Magistrate 3rd Varanasi.
3. Sole contention of learned counsel for the applicant is that the applicant is labour and unable to pay the entire amount mentioned in the recovery warrant issued to recover the interim maintenance in pursuance of the order dated 26.07.2017. It is further submitted that the applicant is ready to pay the entire amount of recovery warrant, if some reasonable time is given to him.
4. Considering the aforesaid submission, the present application is
disposed of with direction to the applicant to deposits Rs.90,000/- within a period of 15 days from today then recovery warrant issued in pursuance of the order dated 03.07.2024 shall remain stayed for a period of further one month. Remaining amount shall be paid within next one month.
5. It is made clear that in case, the applicant does not deposit the aforesaid amount within aforesaid period, the interim order granted by this Court shall not remain operative and court below is free to proceed against the applicant.
Order Date :- 24.2.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad