In a Section 482 Cr.P.C. application, the High Court refused the prayer to quash a recovery warrant under Section 125 Cr.P.C. while granting a two-month stay for the applicant to comply with the decree.
Prayer for quash refused; execution of recovery warrant stayed for two months.
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Court No. - 14
Case :- APPLICATION U/S 482 No. - 2976 of 2018
Applicant :- Shiv Pratap Singh @ Karmveer Singh Opposite Party :- State Of U.P. And And 2 Ors. Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- A.G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the recovery warrant dated 28.11.2017 issued by Additional District and Sessions Judge, Court No. 5, Ghaziabad in Case No. 1011/2015 (Swati Vs. Shiv Pratap) under Section 125 Cr.P.C., Police Station Muradnagar, District Ghaziabad.
Learned counsel for the applicant contended that he will comply the order within two months.
From the perusal of the material on record and looking into the facts of the case, it cannot be said that there is an abuse of the process of the court.
In view of the above, the prayer for quashing the recovery warrant in the aforesaid case is refused.
However, execution of recovery warrant shall remain stay for two months as applicant himself ready to comply the order within two months.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 5.2.2018 Sharad/-
1 issue framed by the court
Whether the recovery warrant issued under Section 125 Cr.P.C. should be quashed.
1 provisions across 1 enactments
Shiv Pratap Singh @ Karmveer Singh
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
