Disposed¶9

Abdul Samad @ Samad v. State of U.P. and Another

Allahabad HC23 Feb 2025A482/31454/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. application, Allahabad High Court, Varanasi, Judicial Magistrate 3rd, interim maintenance, recovery warrant, Protection of Women from Domestic Violence Act Section 12, Case No.419 of 2015, P.S. Jaitpura, Abdul Samad @ Samad, Rs.90,000 deposit, 15 days, one month stay, instalment payment, default clause, order dated 26.07.2017, order dated 03.07.2024, disposed of 24.2.2025.

What did the court decide?

Time-bound payment arrangement: deposit of Rs.90,000/- within 15 days; on such deposit the recovery warrant stays for a further one month with the balance payable within the next month; default renders the interim protection inoperative and leaves the court below free to proceed. ¶9

Abdul Samad @ Samad Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether the applicant, who contends he is a labourer and unable to pay the entire amount demanded by the recovery warrant for interim maintenance, should be given reasonable time to pay that amount.

¶8

Court's answer

The Section 482 Cr.P.C. application was disposed of with a direction to the applicant to deposit Rs.90,000/- within a period of 15 days from the date of the order.

¶9

Ratio / Principle

On the applicant making the said deposit, the recovery warrant issued in pursuance of the order dated 03.07.2024 shall remain stayed for a further period of one month, and the remaining amount shall be paid within the next one month.

¶9

Key takeaways

If the applicant fails to deposit the directed amount within the stipulated period, the interim order granted by this Court shall cease to operate and the court below is free to proceed against the applicant.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J.) disposed of Application U/S 482 No. 31454 of 2024 filed by Abdul Samad @ Samad seeking quashing of the order dated 03.07.2024 of the Judicial Magistrate 3rd, Varanasi passed in Case No.419 of 2015 (under Section 12 Protection of Women from Domestic Violence Act, P.S. Jaitpura, District Varanasi) and the recovery warrant issued pursuant to the order dated 26.07.2017 for interim maintenance. Accepting the applicant's plea of being a labourer unable to pay the entire amount at once, the court directed him to deposit Rs.90,000/- within 15 days; on such deposit the recovery warrant remains stayed for a further one month and the remaining amount is to be paid within the next one month. Failure to deposit within the stipulated period causes the interim protection granted by this Court to lapse, leaving the trial court free to proceed against the applicant. Order dated 24.2.2025.

Abdul Samad @ Samad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Abdul Samad @ Samad v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases