In a section 482 Cr.P.C. application seeking to quash a recovery warrant for maintenance, the High Court rejected the plea, holding that this Court is not the appropriate forum and the applicant should approach the proper authority.
Application to quash recovery warrant is rejected and dismissed as this Court is not the appropriate forum.
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. - 71
Case :- APPLICATION U/S 482 No. - 40534 of 2022
Applicant :- Ramveer Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.
By means of the instant application, the applicant seeks to invoke the inherent jurisdiction of this Court to quash the impugned recovery warrant order dated 02.06.2022 passed by the learned Additional Sessions Judge, Court No.2, Bulandshahr in Misc. Case No.1549 of 2021, under Section 128 Cr.P.C., Police Station-Kotwali Dehat, District Bulandshahr.
From the perusal of the impugned order, it is found that recovery warrants have been issued by the court concerned under the proceedings under Section 128 Cr.P.C. against the applicant. It is admitted by the learned counsel for the applicant that the amount of Rs.2,11,924/- regarding maintenance of opposite party nos.2 to 4 is due towards the applicant. The prayer is that the applicant is ready to deposit the amount due towards him in instalments.
In my opinion, this Court is not an appropriate forum to quash the recovery warrants issued against the applicant. The applicant can move an application for the relief sought by him before appropriate forum.
The instant application is, accordingly, rejected .
Order Date :- 11.1.2023 Jyotsana
Digitally signed by :- JYOTSANA SINGH High Court of Judicature at Allahabad
1 issue framed by the court
Whether inherent jurisdiction of this Court extends to quashing recovery warrants issued for maintenance under Section 128 Cr.P.C.
2 provisions across 1 enactments
Ramveer
State Of U.P.
Sadhna Rani (Thakur)
Jyotsana Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
