This court dismissed an application under Section 482 Cr.P.C. seeking to quash and stay maintenance execution proceedings. The High Court held that the underlying maintenance order had become final and no illegality existed to warrant quashing.
Application under Section 482 Cr.P.C. dismissed; proceedings under Section 128 Cr.P.C. not stayed.
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Neutral Citation No. - 2024:AHC:187281
Court No. - 72
Case :- APPLICATION U/S 482 No. - 38364 of 2024
Applicant :- Dinesh Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hira Lal,Jay Prakash Maurya Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceedings of Case No. 263 of 2018 (Premsheela Versus Dinesh) under section 128 Cr.P.C., Police Station-Kerakat, District-Jaunpur, pending in the Court of Additional Principal Judge, Family Court-I, Jaunpur.
It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding of Case No. 263 of 2018 (Premsheela Versus Dinesh) under section 128 Cr.P.C., Police Station-Kerakat, DistrictJaunpur, pending in the Court of learned Additional Principal Judge, Family Court-I, Jaunpur and further directed to stay the N.B.W./R.W. dated 02.11.2022 issued by learned Additional Principal Judge, Family Court-I, Jaunpur in Case No. 263 of 2018 (Premsheela Versus Dinesh) under section 128 Cr.P.C., Police Station- Kerakat, District-Jaunpur, pending in the Court of learned Additional Principal Judge, Family Court-I, Jaunpur, during pendency of the present application before this Hon'ble Court, and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury."
180 of 2016 (Smt. Premsheela and 2 Others VS. Dinesh Kumar). The said order dated 01.09.2018 has became final for want of any challenge. On the above premise, the learned A.G.A. submits that once the order dated 01.09.2018 has became final and no interim order is operating against order dated 01.09.2018, no illegality can be attached to the execution proceedings initiated by complainantopposite party-2 and 2 others under Section 128 Cr.P.C. Learned A.G.A. thus submits that present application is misconceived and therefore, liable to be dismissed by this Court.
Order Date :- 28.11.2024 Vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
Dinesh Kumar
State Of U.P.
Smt. Premsheela
Rajeev Misra
Vinay Kumar
As recorded by the court registry
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