Held that a writ petition under Article 226 is not maintainable to challenge recovery orders passed in Family Court criminal proceedings pending in a revision; Court observes it is ill-advised to file writ separately.
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Neutral Citation No. - 2024:AHC-LKO:71930-DB
Court No. - 2
Case :- WRIT - C No. - 9196 of 2024
Petitioner :- Farmeeda Bano Respondent :- State Of U.P. Thru. Prin. Secy. (Home Deptt) Lko. And 3 Others Counsel for Petitioner :- Pramod Shukla,Rajesh Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.
Heard.
By means of this petition, the petitioner seeks a writ of Certiorari quashing the recovery order dated 14.06.2023, as well as, the order dated 27.09.2024 passed by the opposite party no. 3.
The orders impugned have been passed as a consequence of the recovery proceedings in pursuance to the order dated 09.05.2023 passed by the IIIrd Additional Principal Judge, Family Court, Sultanpur in Criminal Miscellaneous Case No. 914 of 2019, presumably under Section 125 / 128 Cr.P.C.. This order has already been challenged by the petitioner in Criminal Revision bearing no. 724 of 2023, therefore, this writ petition under Article 226 of the Constitution of India for the aforesaid action is not maintainable separately. It is ill-advised and misconceived. The petitioner should seek appropriate relief in the pending revision itself.
The writ petition is accordingly dismissed with the aforesaid observations.
Order Date :- 24.10.2024 Lokesh Kumar
[Brij Raj Singh, J.] [Rajan Roy, J.]
Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Farmeeda Bano
State Of U.P. Thru. Prin. Secy. (Home Deptt)
Rajan Roy
Brij Raj Singh
As recorded by the court registry
2 orders share this CNR
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