Dismissed

Bhoopendra Umrao v. State of U.P. and 2 Others

Allahabad HC22 Jun 2023A482/20894/2023

Case brief

AI extract

What is this about?

An applicant challenged recovery proceedings under Section 482 Cr.P.C., claiming non-compliance with a High Court order. The court found the applicant failed to pay arrears after initial submission, deeming the challenge an abuse of process and dismissing the petition.

What did the court decide?

Application under Section 482 Cr.P.C. is dismissed with a word of caution to the applicant.

Bhoopendra Umrao Vs State of U.P. and 2… — Civil Procedure and Limitation | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:127919

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Court No. - 49

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Case :- APPLICATION U/S 482 No. - 20894 of 2023

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Applicant :- Bhoopendra Umrao Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anuruddh Chaturvedi,Shyam Sunder Mishra

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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Heard Sri Shyam Sunder Mishra, learned counsel for the applicant, Sri Roshan Kumar Singh, learned counsel for the State and perused the record.

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The present application U/S 482 Cr.P.C. has been filed by the applicant- Bhoopendra Umrao with the following prayer:-

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"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the recovery certificate dated 27.04.2023 issued by Additional Principal Judge, Family Court, Court No.2 in Case No. 1918 of 2022 pursuant to the application dated 20.09.2022 filed by the opposite party no.2 under section 125 (3) Cr.P.C. or to pas such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case otherwise the applicant shall suffer an irreparable loss and injury.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the recovery proceedings pursuant to recovery certificate dated 27.04.2023 issued by Additional Principal Judge, Family Court, Court No.2 in Case No. 1918 of 2022 pursuant to the application dated 20.09.2022 filed by the opposite party no.2 under section 125 (3) Cr.P.C. or to pas such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case otherwise the applicant shall suffer an irreparable loss and injury."

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At the very inception, learned counsel for the applicant made a very impressive argument that despite an order dated 14.12.2021 passed by a co-ordinate Bench of this Court in Criminal Revision No. 3392 of 2021 (Bhoopendra Umrao vs. State of U.P. and 2 others) by which the co-ordinate Bench had directed him to pay monthly interim maintenance allowance of Rs. 4000/- per month to the opposite party no.2. The applicant was directed to continue paying monthly maintenance allowance of Rs. 5000/- per month and arrears if any as awarded to the opposite party no.3 but the trial court has initiated proceedings of recovery against him despite the fact that the High Court has passed an order in a revision which is being complied with by him.

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On probe and arguments, it transpired that the applicant has paid Rs. 40,000/- only at the first instance on 15.03.2022 and

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after that no money has been paid. Thus the forcible argument of learned counsel for the applicant fizzles out.

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In view of the facts as stated above, it is clear that the present petition is nothing else but an abuse of process of Court since the applicant had filed a criminal revision before this Court in which an order was passed and he is not even complying with the said order himself and after the trial court has proceeded against him since he has committed default in compliance of the said order comes up before this Court again in the present application u/s 482 Cr.P.C. challenging the proceedings of recovery certificate. This is clearly an abuse of process of Court.

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The present petition is dismissed but with a word of 'caution' to the applicant not to indulge in filing of petitions which are clearly an abuse of process of Court.

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This order be communicated by the Registrar (Compliance) of this Court to the trial court within three weeks.

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Order Date :- 22.6.2023 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Bhoopendra Umrao v. State of U.P. and 2 Others

Case brief

What is this about?

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Bhoopendra Umrao v. State of U.P. and 2 Others

Case brief

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