Rajesh Vs State of Up and 2 Ors.

Court No. - 64

Case :- APPLICATION U/S 482 No. - 314 of 2020

Applicant :- Rajesh Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Suresh Kumar Gupta,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482, Cr.P.C. has been filed for quashing the order dated 09.08.2019 passed by Additional Principal Judge Family Court, Court No. 4, Kanpur Nagar in Criminal Case No. 797 of 2017 (Smt. Shri Kanti and others vs. Rajesh), under Sections 125 Cr.P.C., Police Station Vidhnu, Districtr Kanpur Nagar.

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Learned counsel for the applicant submits that without giving opportunity of hearing to the applicant, learned family court has passed ex-parte order dated 09.08.2019 and awarded maintenance of Rs.2,000/- per month each to opposite party no. 1 and 2 from the date of order. He further submits that the applicant is a poor labourer, having no source of income, and he is earning a little money and is not in a position to give Rs. 4,000/- per month to opposite parties as maintenance as awarded by family court.

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Learned AGA has opposed the prayer and submitted that an alternative remedy is available to the applicant under section 126 Cr.P.C.

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Since the alternative remedy is available under Section 126 Cr.P.C. to the applicant hence this application is devoid of merit and is accordingly rejected .

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Order Date :- 7.1.2020 v.k.updh.

Rajesh v. State of Up and 2 Ors.

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Rajesh v. State of Up and 2 Ors.

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