This order modifies the deduction amount under section 128 Cr.P.C. to take into account the applicant's financial hardship while maintaining the maintenance sum under section 125 Cr.P.C.
Amount deducted under section 128 Cr.P.C. reduced from Rs. 20,000 to Rs. 7,000 per month; Rs. 8,000 maintenance remains unchanged.
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Neutral Citation No. - 2024:AHC:147035
Court No. - 74
Case :- APPLICATION U/S 482 No. - 13350 of 2024
Applicant :- Sheelendra Pal Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.P.S. Chauhan,Sukhendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Saurabh Shyam Shamshery,J.
per month i.e. total Rs. 13,000/- to be deducted from salary account till satisfaction of outstanding amount.
Order Date :- 10.9.2024 N. Sinha
Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the amount deducted under section 128 Cr.P.C. should be reduced to avoid hardship to the applicant.
Whether the applicant has satisfied the court regarding his inability to meet the total deduction amount.
Whether the monthly maintenance amount under section 125 Cr.P.C. should be modified.
2 provisions across 1 enactments
Sheelendra Pal Singh
Saurabh Shyam Shamshery
Nirmal Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
