Genda Lal vs State Of U.P. And Another
2022 Latest Caselaw 4143 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- APPLICATION U/S 482 No. - 11835 of 2022
 

 
Applicant :- Genda Lal
 
Opposite Party :- State Of U.P. And Another
 
Counsel for Applicant :- Sanjay Srivastava
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the applicant and learned AGA for the State.

This application under Section 482 Cr.P.C. has been filed by the applicant for setting aside the impugned judgment dated 30.06.2018 passed by Additional District and Sessions Judge/Additional Family Court/Fast Track Court No.2, Fatehpur in Case No.194 of 2016 (Smt. Sangeeta Vs. Genda Lal) under Section 125 Cr.P.C., P.S. Kotwali Sadar, District Fatehpur.

Though the applicant has challenged the judgment dated 30.06.2018 whereby the court below has fixed the maintenance at the rate of Rs.2000/- per month from the date of judgment, learned counsel for the applicant, at this stage, has submitted that he has no grievance against the judgment. The only difficulty is that applicant is a labour and he is not in a position to deposit the maintenance amount as has been granted by the impugned judgment. He submits that some time may be granted to the applicant to deposit the balance amount. He also undertakes to pay the maintenance fixed by the court below from June 2022 regularly.

Considering the facts and circumstances of the case and the fact that the applicant is a labour, the amount of maintenance determined by the court below from the date of judgment i.e. 30.06.2018 to 31.05.2022, shall be deposited by the applicant in four equal monthly installments after adjusting the amount already deposited. In case, the applicant fails to deposit the amount as directed by this order, the court below would be obliged under law to initiate proceeding for recovery of the amount in accordance with law.

In order to enable the learned counsel for the applicant to deposit the aforesaid amount upto 07.06.2022, no coercive measures shall be taken against the applicant in the aforesaid case. If by 07.06.2022, applicant deposits the first installment and further the amount due for June, 2022 then the present stay order shall continue and will be automatically vacated, in case of any default, in future installment.

With the aforesaid direction, the application under Section 482 Cr.P.C. is disposed of.

Order Date :- 25.5.2022

D. Tamang