Disposed

Kasif v. State of U.P. and Another

Allahabad HC22 Nov 2024A482/21399/2024

Case brief

AI extract

What is this about?

Single judge application filed for expediting proceedings under Section 126(2) Cr.P.C. regarding a pending maintenance recall application. Court directed the Family Court to decide within six months if no legal impediment exists, as recovery warrants were being issued.

What did the court decide?

Direction to expedite and decide the application under Section 126(2) Cr.P.C. within six months if no legal impediment exists.

Kasif vs State of U.P. and Another — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:182553

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 21399 of 2024

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Applicant :- Kasif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Danish,Rajiv Sisodia 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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By means of the present application under Section 482 Cr.P.C., the applicant has sought for a suitable direction to the Additional Principal Judge, Family Court, Muzaffarnagar to decide the Case No. 124 of 2023 (Kasif vs. Sana @ Farha), under Section 126(2) Cr.P.C., Police Station - Kotwali, District - Muzaffarnagar, within time stipulated by this Court, which is pending before the aforesaid court.

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It is submitted by learned counsel for the applicant that applicant is husband of the opposite party no.2. The opposite party no.2 has filed a case under Section 125 Cr.P.C., which was allowed by ex-parte judgment dated 07.09.2022 granting maintenance @ Rs.6,000/- per month to the opposite party no.2. The applicant has filed an application under Section 126(2) Cr.P.C. for recalling of said ex-parte judgment on 25.01.2023 but the same has not been decided so far, whereas in proceedings under Section 125(3) Cr.P.C., recovery warrants are being issued against applicant. It was submitted that a direction may be issued to the concerned court to decide the aforesaid case within specific time frame.

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In view of aforesaid, the Additional Principal Judge, Family Court, Muzaffarnagar is directed to expedite the proceedings of the aforesaid application under Section 126(2) Cr.P.C. and to decide the same as early as possible, preferably within a period of six months from the date of production of copy of this order before the court concerned, provided there is no legal impediment.

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The instant application under Section 482 Cr.P.C. is disposed of accordingly.

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Order Date :- 22.11.2024

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SP/-

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

Kasif v. State of U.P. and Another

Case brief

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Kasif v. State of U.P. and Another

Case brief

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