Application under Section 482 Cr.P.C. sought quashing of a fresh non-bailable warrant issued in maintenance recovery proceedings under Section 125(3). The court noted the applicant had failed to comply with an earlier protective order of 28.06.2023 and dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- APPLICATION U/S 482 No. - 38370 of 2024
Applicant :- Suraj Singh Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Vivek Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
2. Perused the record.
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the N.B.W. dated 05.09.2024 passed by Session Judge, Family Court, Shahjahanpur, Case No. 121 of 2014 (Maya Devi Vs. Suraj Singh), under Section 125(3) Cr.P.C., Police Station Rauja, District Shahjahanpur, pending in the Court of Session Judge, Family Court, Shahjahanpur.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the N.B.W. dated 05.09.2024 passed by Session Judge, Family Court, 2014 Shahjahanpur, Case No. 121 of 2014 (Maya Devi Vs. Suraj Singh), under Section 125(3) Cr.P.C., Police Station Rauja, District Shahjahanpur, pending in the Court of Session Judge, Family Court, Shahjahanpur, otherwise the applicant shall suffer irreparable loss and injury.
And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case."
disposed of finally, vide order dated 28.06.2023. For ready reference, the order dated 28.06.2023 is reproduced herein below:-
"Heard learned counsel for the applicant, learned Additional Government Advocate for the State of U.P./opposite party no.1 and perused the record.
This application under Section 482 Cr.P.C. has been filed by the applicant to quash the Non-bailable warrant dated 21.10.2022 arising out of Case No. 121 of 2014 (Maya Devi vs. Suraj), under Section 125(3) Cr.P.C., Police Station Rauja, District Shahjahanpur pending in the court of Additional Principal Judge, Family Court, Shahjahanpur.
It is submitted by learned counsel for the applicant that the applicant has been regularly appearing in the aforesaid proceeding arising out of an application U/s 125(3) Cr.P.C. but he could not appear on date i.e. 21.10.2022, therefore, non-bailable warrant has been issued against him. Learned counsel for the applicant after advancing his arguments at some length and putting certain query by the Court, gave up his challenge to the aforesaid order of non-bailable warrant against the applicant by contending at the Bar that he is not pressing the prayer made in this application on merits and confined his submission requesting to grant some protection to the applicant to appear before the concerned Court below.
Learned A.G.A. for the State of U.P. submits that in case the applicant is not pressing the relief as sought for by him on merits and wants to appear before the concerned court below, he has no objection if the Court grants protection to him for a short period.
In view of the above, the relief as sought by the applicant in the instant application is refused.
However considering the aforesaid alternative prayer made by learned counsel for the applicant, it is directed that the applicant shall appear before the concerned Court below within two weeks from today and in case moves an application for recall of non-bailable warrant, the same shall be disposed of expeditiously by the concerned court below in accordance with law.
For the period of two weeks from today or till the time of appearance of the applicant before the concerned Court below, whichever is earlier, nonbailable warrant dated 21.10.2022 shall be kept in abeyance.
With the above observations and directions, this application under Section 482 Cr.P.C. is disposed of."
Order Date :- 28.11.2024
Vinay
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Should the non-bailable warrant dated 05.09.2024 issued under Section 125(3) Cr.P.C. be quashed despite the applicant's earlier non-compliance with a prior High Court order?
2 provisions across 1 enactments
Suraj Singh
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
