In a Section 482 Cr.P.C. application for quashing recovery proceedings under Section 125(3) Cr.P.C., the court disposed of the matter without engaged reasoning on the day of hearing.
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Court No. - 87
Case :- APPLICATION U/S 482 No. - 14248 of 2022
Applicant :- Yogendra Singh Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Devesh Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for applicant and Shri Amit Kumar Singh, learned A.G.A. for State.
This application under Section 482 Cr.P.C. has been filed with a prayer to quash the recovery proceeding in pursuance of the recovery warrant dated 13.04.2022 issued in Misc. Case No. 1743/XII/2019, under Section 125(3) Cr.P.C. (Pushpa Devi Vs. Yogendra Singh), P.S.- Baldeo, District- Mathura.
Learned counsel for applicant submitted that applicant is a Headmaster and he wants to pay the maintenance amount to his wife regularly.
From the order dated 13.04.2022, it appears that from the last 31 months, Rs. 60,000/- has not paid by the applicant. Total Rs. 1,86,000/- is due upon the applicant. With regard to the rest amount, applicant is directed to pay the rest amount to opposite party no. 2 in nine equal installments. It is also made clear that applicant shall pay Rs. 6,000/- as maintenance regularly. In default of payment, case shall be proceeded in accordance with order dated 13.04.2022.
With the aforesaid observation, the instant application under Section 482 Cr.P.C. is finally disposed of.
Order Date :- 3.8.2022 Sharad/-
Digitally signed by SHARAD KUMAR SRIVASTAVA Date: 2022.08.04 15:30:24 IST Reason: Location: High Court of Judicature at Allahabad
Yogendra Singh
State Of U.P.
Om Prakash Tripathi
As recorded by the court registry
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