Omveer vs State Of U.P. And Another
2022 Latest Caselaw 19646 ALL

Citation : 2022 Latest Caselaw 19646 ALL
Judgement Date : 2 December, 2022

Allahabad High Court

Omveer vs State Of U.P. And Another on 2 December, 2022

Bench: Karunesh Singh Pawar




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 86
 
Case :- APPLICATION U/S 482 No. - 30389 of 2022
 
Applicant :- Omveer
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mahendra Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

Notices to respondent no. 2 are dispensed with.

This petition has been filed challenging the judgment and order dated 29.04.2022 passed in case no 641/2017 "Smt. Meera Vs. Omveer", under Section 125 Cr.P.C., P.S. Bisauli, District Budaun by which the application filed under Section 125 Cr.P.C. by respondent no. 2 has been allowed and the petitioner has been directed to pay a sum of Rs. 1500/- per month from the date of filing of the application.

After arguing the matter for some length, learned counsel for the petitioner submits that he does not want to press the petition on merits rather he has confined his prayer to the effect that since he has not deposited even a single penny till date, he may be permitted to deposit the arrears before the learned court below in reasonable installments as he is not in a position to deposit the entire arrears in a single installment.

In view of the undertaking given by learned counsel for the petitioner, prayer for setting aside of the order dated 29.04.2022 is refused and the petitioner is directed to pay the remaining amount of arrears in 12 equal installments. The first installment shall start from 01.01.2023 and the amount shall be deposited before the trial court. In case all the 12 installments are deposited by the petitioner before the learned court below in time, no coercive action pursuant to the impugned judgment dated 29.04.2022 shall be taken against the petitioner. Needless to say that so far as the amount i.e. Rs. 1500/- per month as awarded by the learned court below in favour of respondent no.2, shall be paid on future dates as and when the same becomes due.

In view of the aforesaid observations, the petition is disposed of.

Order Date :- 2.12.2022/RC