Application under Section 482 of CrPC examined regarding custody of Shivam. Court noted remand defect and deposit of maintenance. Consigns application to records as no further orders required.
Consignment of the application to the records; no further orders made.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 8643 of 2023
Applicant :- Smt. Amee Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Perused the report dated 18.05.2023 submitted by the Principal Judge, Family Court, Auraiya, which shows that the learned Judge was not aware that Shivam had been arrested and produced before the remand Magistrate. The remand papers were summoned by the learned Judge, and certainly, the explanation of the remand Magistrate about Shivam's custody from 13.05.2017 to 17.05.2017 is not very satisfactory. This Court would think that the remand Magistrate ought to have directed Shivam, when produced before him in error by the Police, to be produced before the Principal Judge, Family Court, Auraiya immediately, who would have dealt with Shivam whatever hour of the day it was. The production was required before the Principal Judge, Family Court, Auraiya, and not before the remand Magistrate. The Principal Judge, Family Court, Auraiya is, therefore, right in her opinion, whatever has been expressed in the order dated 18.05.2023.
The report further indicates that the entire amount of Rs. 64,000/- has been deposited by Shivam through a pairokar , which has been paid to the wife. Shivam has been ordered to be released from custody, unless required in some other case.
Looking to the fact that the arrears of maintenance due have been deposited and paid to the wife, with a sum of Rs. 20,000/being paid earlier, no further orders are required to be made on this application.
This application is, accordingly, consigned to the records.
Let this order be communicated to the Principal Judge, Family Court, Auraiya through the learned Sessions Judge, Auraiya by the Registrar (Compliance), by Monday .
Order Date :- 19.5.2023 I. Batabyal
Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad
Smt. Amee
J.J. Munir
Ishan Batabyal
As recorded by the court registry
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