The applicant sought a stay of a family court recovery warrant under Section 482 Cr.P.C. The court observed the application did not fall within Supreme Court guidelines for inherent jurisdiction and dismissed it as devoid of merit.
The application under Section 482 Cr.P.C. seeking stay of the recovery warrant was 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.
Neutral Citation No. - 2023:AHC:125159
Court No. - 84
Case :- APPLICATION U/S 482 No. - 20346 of 2023 Applicant :- Indra Bahadur Bind Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A.,Ulajhan Singh Bind
Hon'ble Prashant Kumar,J.
1. Heard Sri Ram Sajiwan Prajapati, learned counsel for the applicant, learned A.G.A. for the State, Sri Ulajhan Singh Bind, learned counsel for opposite party no.2 and perused the material on record.
3. The family Court vide order dated 11.01.2017 granted maintenance of Rs.3,000/- per month from the date of order to opposite party no.2.
7. Hence, the instant application filed under Section 482 Cr.P.C. is devoid of merit and is accordingly dismissed.
(Prashant Kumar, J.)
Order Date :- 7.6.2023 S.P.
Digitally signed by :- RAMAKANT High Court of Judicature at Allahabad
1 issue framed by the court
Whether the inherent jurisdiction under Section 482 Cr.P.C. can be exercised to stay a recovery warrant in a family court execution matter.
Colour shows how this judgement treated each authority
State of Haryana and others Vs. Bhajanlal and othersReferred¶10
State of Haryana and others Vs. Bhajanlal and others 1992 Supp (1) SCC 335. · Who else cites this
1 provisions across 1 enactments
Indra Bahadur Bind
State of U.P.
Opposite Party No. 2
Prashant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
