Kalicharan vs State Of U.P. And Another
2019 Latest Caselaw 5826 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 79
 

 
Case :- APPLICATION U/S 482 No. - 25836 of 2019
 

 
Applicant :- Kalicharan
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Y.S. Saxena
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Ram Krishna Gautam,J.

This Application U/s 482 Cr.P.C. has been filed by the applicantKalicharan with a prayer for permitting him to file the recall application through counsel in Case No. 1556 of 2013 (Smt. Buddho Devi Vs. Kalicharan), under Section 125 Cr.P.C., P.S. Uddhauti, District Budaun, pending before Family Court, Budaun.

The ground for this prayer has been said to be unruly behaviour of family members of opposite party no. 2, who had thrashed applicant while he tried to appear before Family Court at Budaun.

Perusal of order reveals that it was an ex parte order in Case No. 1556 of 2013, wherein a maintenance of Rs.2500/- in favour of Smt. Buddho Devi and Rs.1,000/- in favour of her son Hridyesh i.e. in total Rs.3500/- per month has been awarded by Principal Judge, Family Court, Budaun.

By way of affidavit, it has been said that this came in the notice of applicant only after service of warrant against him in first week of February, 2019. An attempt for making recall was said to have been made, but owing to unruly behaviour of family members of opposite party no. 2, the same could not be fulfilled.

Learned A.G.A. has not opposed the aforesaid prayer.

It is the discretion of Principal Judge, Family Court to grant permission either to appear through counsel or in person in the case pending before Family Court, but as the order is ex parte and for recall of same, application is intended to be filed, hence, under above facts and circumstances, this application is allowed with condition that applicant shall deposit entire maintenance awarded by Principal Judge, Family Court, Budaun and, thereafter, he will move recall application before above Court through counsel.

The above court will decide it in accordance with law without being influenced by any finding of this Court in present proceeding and further appearance either through counsel or in person is within the discretion of Principal Judge, Family Court, Budaun.

The applicant shall make compliance of above condition within one month from today. Till then execution of warrant will remain in abeyance.

However, in case, the applicant does not appear before the court concerned within the aforesaid period, coercive action shall be taken against him.

With the aforesaid observations, this application is finally disposed off.

Order Date :- 8.7.2019

NS