Shamshad Ahmad Alias Babaloo Vs State of U.P. and Another

Court No. - 69

Case :- APPLICATION U/S 482 No. - 25474 of 2019

Applicant :- Shamshad Ahmad Alias Babaloo Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babu Lal Ram Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Babu Lal Ram, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I for the State.

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The present 482 Cr.P.C. application has been filed for quashing the order dated 16.05.2019 passed by Additional Principal Judge, Family Court No. 2, Kanpur Nagar in Case No. 237 of 2010 Smt. Rukhsana and others Vs. Babaloo @ Shamshad, under section 125 Cr.P.C., Police Station Bidhanoo, District Kanpur Nagar.

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The contention of learned counsel on behalf of applicant is that the applicant has filed Case No. 237 of 2010, under section 125 Cr.P.C. in which the applicant has specifically mentioned that the opposite party no. 2 is living with Azad, therefore, she is not entitled to get maintenance from the applicant. The summoning order dated 16.05.2019 passed by the learned court below is unjustified and arbitrary in the eye of law and liable to be quashed by this Hon'ble Court.

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After hearing the learned counsel for the applicant, learned A.G.A. and after perusing the material on record, without going into the merits of the case, order dated 16.05.2019 passed by Additional Principal Judge, Family Court No. 2, Kanpur Nagar is hereby quashed and learned Court below is directed to pass appropriate order, strictly in accordance with law, after hearing the parties and without granting any unnecessary adjournment to either the parties, preferably within a period of one month from the date of production of a certified copy of this order before him.

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With the above direction the application is finally disposed off.

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Order Date :- 9.7.2019 Arti

Shamshad Ahmad Alias Babaloo v. State of U.P. and Another

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Shamshad Ahmad Alias Babaloo v. State of U.P. and Another

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