Mohd. Salim Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2020)

Mohd. Salim Vs State of U.P. and 2 Others — Maintenance and Alimony | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Setting aside of the order dated 02.01.2019 passed under Section 126(2) Cr.P.C. in Misc. Case No. 295 of 2017, with remand to the Principal Judge, Family Court, Siddharth Nagar to pass a reasoned order within three months of production of the certified copy after hearing the other side; alternatively, if a detailed order already exists in a separate sheet, no fresh order is required and its copy is to be supplied to the applicant within one month. The exparte order dated 24.08.2016 under Section 125 Cr.P.C. was not disturbed.

Issue for consideration

Whether the order dated 02.01.2019 rejecting the applicant's application under Section 126(2) Cr.P.C., being an unreasoned one-line order, is liable to be set aside. +1 more

Court's answer

There is no dispute that the impugned order dated 02.01.2019 is only a one-line order, and the question-answer likewise confirms that no separate order was passed by the Presiding Officer.

Ratio / Principle

The order dated 02.01.2019 passed by the Principal Judge, Family Court, Siddharth Nagar in Misc. Case No. 295 of 2017 under Section 126(2) Cr.P.C. is set aside, and the Section 482 application is partly allowed.

Key takeaways

The matter is remanded to the Principal Judge, Family Court, Siddharth Nagar to pass a reasoned order within three months from the date of production of the certified copy of this order, after providing opportunity of hearing to the other side.ratio¶10
If the Principal Judge, Family Court, Siddharth Nagar had already passed a detailed order in a separate sheet as mentioned in the order dated 02.01.2019, he is not required to pass a fresh order, and a copy of that order shall be provided to the applicant within one month from the date of production of the certified copy of this order.ratio¶11

Detailed headnote1 paragraphs

Application under Section 482 Cr.P.C. by Mohd. Salim seeking quashing of (i) the exparte order dated 24.08.2016 of the Principal Judge, Family Court, Siddharth Nagar in Criminal Case No. 1671 of 2013 (Chaman Khatoon and another Vs. Mohd. Salim) under Section 125 Cr.P.C., and (ii) the order dated 02.01.2019 in Misc. Case No. 295 of 2017 under Section 126(2) Cr.P.C., by which the applicant's application against the exparte order was rejected through a one-line order without reasons, merely recording that there was 'no occasion' for the application and that the detailed order lay on a separate sheet. The Court found no dispute that the impugned order was a bare one-line order and that the question-answer obtained by the applicant on 28.09.2019 confirmed that no separate order had in fact been passed by the Presiding Officer. Accordingly, the Court set aside the order dated 02.01.2019 and partly allowed the application, remanding the matter to the Principal Judge, Family Court, Siddharth Nagar to pass a reasoned order within three months of production of the certified copy after hearing the other side; it was made clear that if a detailed order had already been passed in a separate sheet, no fresh order was required and its copy was to be furnished to the applicant within one month. The exparte order dated 24.08.2016 was left undisturbed. Single judge: Neeraj Tiwari, J. Order dated 28.01.2020.

Court No. - 52

Case :- APPLICATION U/S 482 No. - 3542 of 2020

Applicant :- Mohd. Salim Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rajesh Kumar Chitragupt Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

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

The present 482 Cr.P.C. application has been filed to quash the exparte order dated 24.08.2016 passed by Principal Judge, Family Court, Siddharth Nagar in Criminal Case No. 1671 of 2013 (Chaman Khatoon and another Vs. Mohd. Salim), under Section- 125 Cr.P.C., Police Station- Bansi, District- Siddharth Nagar and impugned order dated 02.01.2019 passed by the Principal Judge, Family Court, Siddharth Nagar in Misc. Case No. 295 of 2017 (Mohd. Salim Vs. Chaman Khatoon and others), under Section 126(2) Cr.P.C.

Learned counsel for the applicant submitted that an exparte order dated 24.08.2016 has been passed against which applicant has filed application under Section 126(2) Cr. P.C. which was rejected vide order dated 02.01.2019 in one line order having no reason only stating therein that there is no occasion for the applicant to file application under section 126(2) Cr.P.C and it is also stated in the order that the detailed order is on separate sheet. It is next submitted that applicant has obtained the question-answer on 28.09.2019 and as per that, no separate order has been passed by the Presiding Officer. It is further submitted that order dated 02.01.2019 is having no reason, therefore, the same is liable to be set aside. I have considered the submissions made by learned counsel for the applicant and perused the record.

There is no dispute on this point that the order impugned is only one line order and further question-answer is also saying the same that no separate order has been passed by the Presiding Officer.

Considering the facts and circumstances of the case, order dated 02.01.2019 passed by Principal Judge, Family Court, Siddharth Nagar in Misc. Case No. 295 of 2017 (Mohd. Salim Vs. Chaman Khatoon and others), under Section 126(2) Cr.P.C is hereby set aside. The application U/S 482 is partly allowed .

Matter is remanded back to Principal Judge, Family Court, Siddharth Nagar to pass reasoned order within three months from the date of production of certified copy of this order after providing opportunity of hearing to the other side.

It is made clear that in case, Principal Judge, Family Court, Siddharth Nagar had already passed detailed order in separate sheet as mentioned in the order dated 02.01.2019, he is not required to pass fresh order and the copy of that order shall be provided to the applicant within one month from the date of production of certified copy of this order.

Order Date :- 28.1.2020 Sartaj