Subhash Laxman Rao vs State Of U.P. Thru. Prin. Secy. ...
2012 Latest Caselaw 1731 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- MISC. SINGLE No. - 2632 of 2012
 

 
Petitioner :- Subhash Laxman Rao
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home & Anr.
 
Petitioner Counsel :- Pankaj Khare
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

It has been pleaded that the petitioner has been proceeded against ex parte in the proceedings under Section 125 Cr.P.C.  At the stage of execution, the applicant came to know about the proceedings.  The applicant filed an application for recall of ex parte order.  Without deciding the application, the court below is proceeding with execution.  An application was also made for deferring the proceedings till decision of recall application.  Vide the impugned order, the said application has been dismissed.

Issue notice to respondent no.2, returnable on 09.7.2012.

Learned counsel for the petitioner states that proceedings under the Domestic Violence Act have already been initiated by the respondent-wife, in such circumstances, stay of recovery/execution proceedings be ordered.

I have considered the facts and circumstances of the case.

So as to balance the equities it is directed that stay of further proceedings before the lower court shall operate only if the applicant makes a deposit of Rs.1.5 Lacs before the concerned Magistrate, where proceedings under Section 125, Cr.P.C. are pending.

Maximum period of 30 days is given to the petitioner for the said purpose.

It is further made clear that in case, petitioner is not representing in Court on any given date or seeks adjournment, stay shall stand vacated automatically.

List on 09.7.2012.

Order Date :- 14.5.2012

A.Nigam