The court dismissed an application under Section 482 Cr.P.C. challenging an exparte maintenance order. The judgment held that Section 126 Cr.P.C. provides an adequate remedy to recall the order.
Application under Section 482 Cr.P.C. dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 91
Case :- APPLICATION U/S 482 No. - 9973 of 2022
Applicant :- Neeraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Chandra Bhan Dubey, learned counsel for the applicant; Sri Vinod Kant, learned Additional Advocate General assisted by Sri Arvind Kumar, learned AGA and perused the record of the case.
By way of filing present application u/s 482 Cr.P.C., the applicant-husband challenged the order dated 19.1.2021 passed by learned Additional Principal Judge, Family Court No. 1, Ghaziabad under Section 125 Cr.P.C.
Perusal of the impugned order dated 19.1.2021 shows that it is an exparte order which is passed under Section 125 Cr.P.C. which can very well be recalled under Section 126 Cr.P.C. and as there is an alternative remedy provided under Section 126 Cr.P.C. Hence, the present application u/s 482 Cr.P.C. is dismissed .
However, it is open for the applicant to move an application to recall the order dated 19.1.2021 under Section 126 Cr.P.C. before the court concerned.
Order Date :- 9.5.2022 Ankita
Digitally signed by ANKITA SRIVASTAVA Date: 2022.05.10 14:24:37 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether an exparte order under Section 125 Cr.P.C. can be recalled under Section 126 Cr.P.C.
Whether an alternative remedy precludes the exercise of inherent power under Section 482 Cr.P.C.
3 provisions across 1 enactments
Neeraj Kumar
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
