Disposed

Jogendra Gupta v. State of U.P. and Another

Allahabad HC23 Oct 2024A482/18670/2024

Case brief

AI extract

What is this about?

The Allahabad High Court disposed of an application under Section 482 Cr.P.C. challenging an order to proceed ex-parte. It found the Family Court's approach hyper-technical regarding a minor delay in cost deposit and directed that the ex-parte order be recalled expeditiously if moved by the applicant. No coercive action was ordered for two weeks. Mentioned: constitutional right to contest.

What did the court decide?

No coercive action for two weeks; applicant directed to move for recall of ex-parte order within two weeks for expeditious consideration.

Jogendra Gupta vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:169028

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 18670 of 2024

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Applicant :- Jogendra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaju Ram Pprasad Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This application under Section 482 Cr.P.C. has been preferred against the order dated 17.05.2024, passed by learned Principal Judge, Family Court, Maharajganj, in Case No.572 of 2020 (Jyoti Gupta Vs. Km. Jogendra Gupta), under Section 125 Cr.P.C., Police Station- Shyam Dewra, District- Maharajganj, whereby a direction has been made to proceed the case ex-parte against applicant.

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It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. The applicant is husband of opposite party no.2. She has filed the case under Section 125 Cr.P.C. During proceedings of the said case, on 28.02.2024 a direction was made by the Family Court to proceed ex-parte against applicant, however the said direction was recalled vide order dated 24.04.2024 subject to costs of Rs.1000/-. On that day, applicant could not deposit the costs, however on the next day i.e. on 25.04.2024 the costs were deposited. Despite deposition of costs, the Family Court has again proceeded ex-parte vide impugned order dated 17.05.2024. Learned counsel submitted that the approach of the Family Court is highly technical and in view of aforesaid facts, the impugned order is liable to be set aside.

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Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order.

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I have considered the rival submissions and perused the record.

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Perusal of record shows that the opposite party no.2, who is wife of applicant, has filed aforesaid case under Section 125 Cr.P.C. Due to absence of the applicant, on 28.02.2024 the Family court made a direction to proceed ex-parte against applicant. It was shown that said direction was recalled by the Family Court vide order dated 24.04.2024 subject to costs of Rs.1000/-, which was to be paid/deposited on the same day. The said costs were paid by the applicant on the next day i.e. on 25.04.2024. The learned Family Court has again proceeded exparte against applicant vide impugned order dated 17.05.2024, merely on the ground that the said costs were not paid within the period. It is apparent that the approach adopted by the learned Family Court is hyper technical. It is always the endeavour of the Courts to decide case on merits unless and until there is undue delay and laches on the part of other party. In proceedings under Section 125 Cr.P.C. such hyper technical approach must not be adopted, as the same would deprive the other party from its right of contest the case.

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In view of aforesaid facts, it is directed that in case applicant moves an application to recall the direction of ex-parte made vide order dated 17.05.2024 within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law. For a period of two weeks from today, no coercive action shall be taken against applicant.

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With aforesaid observations, the application u/s 482 Cr.P.C. is disposed of .

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Order Date :- 23.10.2024

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SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Jogendra Gupta v. State of U.P. and Another

Case brief

What is this about?

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Jogendra Gupta v. State of U.P. and Another

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